Ezel / Agency Decisions / kent-89-102-dm-alj-2
FMSHRC ALJ decision Docket KENT 89-102-DM Decided December 5, 1989 Procedural Judge James A. Broderick

Adams Stone Corporation

Adams Stone Corporation (FMSHRC KENT 89-102-DM): Supplemental decision set aside for correction

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This order from 1989 bound only the parties to this case; it isn't precedent. Ask about your situation and see what the current MSHA standards and Commission precedent say, with citations.

Currency note: this decision dates from 1989
The MSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Interlocutory ALJ order, not Commission precedent
This correction set aside an earlier supplemental decision and required updated back-wage submissions. It did not dispose of the discrimination proceeding or become a final decision under the 40-day rule in 30 U.S.C. § 823(d)(1). It is not Commission precedent. The full text below is from the official FMSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official FMSHRC release. The full text is the agency's own release.
Read the official release (fmshrc.gov)

Plain-English summary

The Secretary of Labor brought a discrimination proceeding on behalf of Fred Bartley against Adams Stone Corporation. Judge James A. Broderick said his November 13, 1989 supplemental decision had ordered back wages and other benefits based on a misunderstanding of the Secretary's back-wage statement. He set that supplemental decision aside and ordered the Secretary to submit a corrected statement, followed by a response from Adams Stone. The decision stated that the case was not final until a corrected supplemental decision was issued.

Decision snapshot

  • Cited standard(s): None stated in this correction order
  • Outcome: The November 13 supplemental decision was set aside, and new back-wage submissions were ordered.
  • Key point: The correction order expressly left the discrimination proceeding nonfinal pending a corrected supplemental decision.

Full text (FMSHRC public release)

Page 2

~2440
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.)
Office of Administrative Law Judges

SECRETARY OF LABOR, DISCRIMINATION PROCEEDING
ON BEHALF OF
FRED BARTLEY, Docket No. KENT 89-102-DM
PETITIONER
Jenkins Quarry
v.

ADAMS STONE CORPORATION,
RESPONDENT

               CORRECTION TO SUPPLEMENTAL DECISION

Appearances: Thomas A. Grooms, Esq., Office of the Solicitor,
U.S. Department of Labor, Nashville, Tennessee,
for Complainant; David Adams, Esq., Vice-President,
Adams Stone Corporation, Pikeville, Kentucky, for
Respondent.

Before: Judge Broderick

  On November 13, 1989, I issued a Supplemental Decision in

this case ordering, inter alia, the payment of back wages and
other benefits to Complainant Bartley. The order was based on my
misunderstanding the Secretary's Statement of Back Wages dated
October 16, 1989, and received by the Commission October 23,
1989.

 Therefore, IT IS ORDERED that the Supplemental Decision of

November 13, 1989, is SET ASIDE.

 IT IS FURTHER ORDERED that the Secretary submit on or before

December 22, 1989, a statement of back wages due Bartley pursuant
to my Decision and order issued October 18, 1989.

 IT IS FURTHER ORDERED that Respondent shall reply to the

Secretary's statement on or before January 12, 1990. The decision
is not final until a corrected supplemental decision is issued
following receipt of the above submissions.

                              James A. Broderick
                              Administrative Law Judge

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