Ezel / Agency Decisions / KENT 92-367-D

Raleigh R. Hunt v. Canada Coal Company (ALJ decision, May 25, 1993)

Raleigh R. Hunt v. Canada Coal Company (FMSHRC KENT 92-367-D): Discrimination case dismissed after settlement

Decision type
ALJ decision
Docket
KENT 92-367-D
Decided
May 25, 1993
Presiding judge
William Fauver
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-14
Cited standards
30 U.S.C. § 801 et seq. 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 1993 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 1993
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 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

Raleigh R. Hunt brought a discrimination complaint against Canada Coal Company under section 105(c) of the Federal Mine Safety and Health Act. The parties moved to dismiss the case based on a settlement. Judge William Fauver granted the motion and dismissed the case. The order does not state a penalty amount or describe the settlement terms.

Decision snapshot

  • Governing provision: 30 U.S.C. § 815(c)
  • Outcome: The settlement-based motion to dismiss was granted, and the discrimination case was dismissed.
  • Key point: The ALJ dismissed the discrimination proceeding after the parties reached a settlement.

Full text (FMSHRC public release)

CCASE:
RALEIGH HUNT V. CANADA COAL
DDATE:
19930525
TTEXT:

Page 2

~929

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

RALEIGH R. HUNT,
: DISCRIMINATION PROCEEDING
Complainant :
: Docket No. KENT 92-367-D
v. : PIKE CD 91-20
:
CANADA COAL COMPANY, : No. 1 Prep Plant Respondent :

ORDER OF DISMISSAL

This case involves a discrimination complaint under 105(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C.
801 et seq.

The parties have moved to dismiss the case based upon a settlement.

The motion is GRANTED, and this case is DISMISSED.

William Fauver
Administrative Law Judge

Distribution:

James D. Allen, Esq., Stoll, Keenon & Park, 201 East Main Street,
Suite 1000, Lexington, KY 40507-1380 (Certified Mail)

Tony Oppegard, Esq., Appalachian Research & Defense Fund of
Kentucky, Inc., 630 Maxwelton Court, Lexington, KY 40508
(Certified Mail)

Mr. Dean Shofner, Agent for Service of Process, Canada Coal
Company, Inc., Highway 632, Kimper, KY 41539 (Certified Mail)

/fcca

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