Ezel / Agency Decisions / KENT 89-62-D

Winston Madden v. Ronald Summers and Sumco (ALJ decision, December 14, 1989)

Winston Madden v. Ronald Summers and Sumco (FMSHRC KENT 89-62-D): Supplemental discrimination relief ordered

Decision type
ALJ decision
Docket
KENT 89-62-D
Decided
December 14, 1989
Presiding judge
Roy J. Maurer
Outcome
Other
Precedential status
Final order, not precedent
Checked against source
2026-08-16
Cited standards
30 U.S.C. § 815(c)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

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.
Final ALJ decision, not Commission precedent
This supplemental order completed the default decision in the discrimination proceeding and became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because no later Commission review appears in the official index. It binds the parties but 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

Winston Madden prevailed by default in a discrimination proceeding against Ronald Summers and Sumco. Judge Roy J. Maurer ordered the respondents to pay $10,215.11 in back wages and reimbursable expenses, $4,212.50 in attorney fees, and $75.24 in costs, with interest on the back-wage amount. The supplemental order completed the monetary relief portion of the earlier default decision.

Decision snapshot

  • Cited provision: 30 U.S.C. § 815(c)
  • Outcome: The ALJ ordered back wages, expenses, attorney fees, and costs as supplemental relief under the earlier default decision.
  • Key point: The order quantified the relief owed after the respondents did not object to Madden's requested specific relief.

Full text (FMSHRC public release)

CCASE:
WINSTON MADDEN V. RONALD SUMMERS AND SUMCO DDATE: 19891214 TTEXT:

Page 2

~2529
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

WINSTON MADDEN,
DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. KENT 89-62-D v.
BARB CD 88-46
RONALD SUMMERS AND SUMCO,
RESPONDENTS

SUPPLEMENTAL DECISION AND ORDER

Before: Judge Maurer

On October 18, 1989, I issued a default decision in this case. 11 FMSHRC 2027 (1989) (ALJ). Therein, I ordered the complainant to file a statement within twenty days requesting specific relief. The complainant did so on November 9, 1989, and no objection has been heard from the respondent.

Accordingly, respondents are ORDERED:

1. To pay to Complainant Madden within 30 days of the date of this order the sum of $9590.40, representing back wages from June 14, 1988, to December 10, 1988, plus $624.71 for reimbursible expenses for a total of $10,215.11, with interest thereon computed in accordance with the Commission decision in UMWA v. Clinchfield Coal Co., 10 FMSHRC 1493 (1988).

2. To pay to Complainant Madden within 30 days of the date of this order, $4212.50 as reimbursement for attorney fees.

3. To pay to Complainant Madden within 30 days of the date of this order $75.24 as reimbursement for costs.

This order supplements the default decision issued by myself on October 18, 1989, and with that decision represents my final decision and order in this proceeding.

Roy J. Maurer
Administrative Law Judge

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