Black Mountain Coal Mining, Incorporated (ALJ decision, March 9, 1993)

Plain-English summary

Robert C. Teaney brought discrimination proceedings against Black Mountain Coal Mining, and the parties reached a settlement. Judge Gary Melick amended the settlement decision to add $1,000 in attorney fees for Teaney's counsel. The amended decision also noted payment of $3,600 in backpay and $400 in interest, and required the decision to be posted at the mine office. The order was issued under Commission Rule 65(c), 29 C.F.R. § 2700.65(c).

Decision snapshot

• Governing provision: 29 C.F.R. § 2700.65(c)
• Outcome: The settlement was approved as amended to include $1,000 in attorney fees, with $3,600 in backpay and $400 in interest also noted as paid.
• Key point: An amended settlement order can correct or add payment terms while retaining the underlying settlement.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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

SECRETARY OF LABOR,
: DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. KENT 92-867-D
ON BEHALF OF
: MSHA Case No. BARB CD-92-14
ROBERT C. TEANEY,
:
Complainant : No. 1 Mine
:
ROBERT C. TEANEY,
:
Intervenor :
v. :
:
BLACK MOUNTAIN COAL MINING, :
INCORPORATED,
:
Respondent :
:
ROBERT C. TEANEY,
: DISCRIMINATION PROCEEDING
Complainant :
v. : Docket No. KENT 93-264-D
: MSHA Case No. BARB CD-92-53
BLACK MOUNTAIN COAL MINING, :
INCORPORATED,
: No. 1 Mine
Respondent :

AMENDED DECISION APPROVING SETTLEMENT

Before: Judge Melick

Pursuant to Commission Rule 65(c), 29 C.F.R. 2700.65(c) the Decision Approving Settlement issued in these proceedings on February 23, 1993, is hereby amended to include within its incorporated terms payment by Respondent of attorney fees for $1,000 to counsel for Robert C. Teaney. It is further noted that payment of backpay of $3,600, interest of $400, and attorney fees of $1,000 has correspondingly been made within the corrected timeframe of 30 days from the date of hearing. This Amended Decision must be posted at the mine office in accordance with the terms of the settlement.

Gary Melick
Administrative Law Judge

Distribution:

Donna E. Sonner, Esq., Office of the Solicitor, U.S. Department of Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN 37215 (Certified Mail)

William A. Hayes, Esq., 2309 Cumberland Avenue, P.O. Box 817, Middlesboro, KY 40965 (Certified Mail)

Tony Oppegard, Esq., Mine Safety Project of the Appalachian Research and Defense Fund of Kentucky, Inc., 630 Maxwelton Court, Lexington, KY 40508 (Certified Mail)

/lh