Ezel / Agency Decisions / KENT 91-1351-D

Shamrock Coal Company (ALJ decision, January 30, 1992)

Shamrock Coal Company (FMSHRC KENT 91-1351-D): Discrimination proceeding settled and dismissed

Decision type
ALJ decision
Docket
KENT 91-1351-D
Decided
January 30, 1992
Presiding judge
Roy J. Maurer
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-15
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 1992 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 1992
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 approving a settlement, not Commission precedent
This decision 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

Elmer Richard Couch brought a Mine Act discrimination proceeding against Shamrock Coal Company. The parties filed a joint motion asking the judge to approve their settlement and dismiss the action with prejudice. Judge Roy J. Maurer approved the settlement, allowed Couch to withdraw his complaint, and dismissed the case with prejudice. Each party was ordered to bear its own attorneys' fees and costs.

Decision snapshot

  • Cited provision: 30 U.S.C. § 815(c).
  • Outcome: The discrimination proceeding was settled and dismissed with prejudice.
  • Key point: The parties' settlement ended the discrimination action, with each side responsible for its own attorneys' fees and costs.

Full text (FMSHRC public release)

~232
Federal Mine Safety and Health Review Commission Office of Administrative Law Judges
2 Skyline, 10th Floor
5203 Leesburg Pike
Falls Church, Virginia 22041

ELMER RICHARD COUCH,
DISCRIMINATION PROCEEDING
COMPLAINANT
v. Docket No. KENT 91-1351-D

SHAMROCK COAL COMPANY,
BARB CD 91-25
RESPONDENT

ORDER OF DISMISSAL

Before: Judge Maurer

Having considered the joint motion to approve their settlement agreement and dismiss this action with prejudice and seeing that this matter has been settled by the parties, it is hereby ORDERED that the complainant may withdraw his complaint and his action is hereby DISMISSED with prejudice, each party is to bear his own attorneys' fees and costs.

Roy J. Maurer
Administrative Law Judge

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