Ezel / Agency Decisions / kent-93-1-d-alj
FMSHRC ALJ decision Docket KENT 93-1-D Decided April 13, 1993 Procedural Judge Jerold Feldman

Secretary of Labor on behalf of Samuel Coble v. Christian Coal Corporation

Secretary of Labor on behalf of Samuel Coble v. Christian Coal Corporation (FMSHRC KENT 93-1-D): Settlement hearing continued

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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.
Interlocutory ALJ order, not Commission precedent
This order continued the discrimination proceeding while awaiting a signed settlement motion. It did not dispose of the case or become a final decision under the 40-day rule in 30 U.S.C. § 823(d)(1). This order 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 parties told Judge Jerold Feldman that they had reached an agreement in a Mine Act discrimination case involving Samuel Coble, but the judge had not received a signed settlement motion. He continued the matter while awaiting that filing and warned that, if the motion was not filed by April 9, 1993, the case would be rescheduled for hearing. The order did not approve the settlement or resolve the discrimination claim.

Decision snapshot

  • Governing provision: 30 U.S.C. § 815(c)
  • Outcome: The hearing was continued pending a signed settlement motion.
  • Key point: An announced settlement did not end the proceeding until the judge received and considered a signed motion.

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 on behalf, : Docket No. KENT 93-1-D
of Samuel Coble, : A.C. No. MADI CD 92-02
Petitioner :
v. : Foxfire Mine
:
CHRISTIAN COAL CORPORATION, :
Respondent :

               ORDER APPROVING SETTLEMENT

 By Order dated January 26, 1993, the above matter was set for

hearing in Evansville, Indiana, on March 31, 1993. On March 18,
1993, the solicitor advised me that the parties had reached an
accord. However, to date I have not received a signed settlement
motion. Therefore, I am continuing this case in anticipation of
the imminent filing of the subject motion. If a signed settlement
motion is not filed for my consideration by April 9, 1993, this
matter will be rescheduled for hearing and no further motion for
settlement or continuance will be favorably entertained.

                                Jerold Feldman
                                Administrative Law Judge
                                (703) 756-5233

Distribution:

Joseph B. Luckett, Esq., Office of the Solicitor, U.S. Department
of Labor, 2002 Richard Jones Rd., Suite B-201, Nashville, TN 37215
(Certified Mail)

Christain Coal Corporation, Agent for Service, David L. Roberts
Route 2, Outer Laffon Trail, Madisonville, KY 42431
(Certified Mail)

Robert P. Moore, Esq., 21 Sugg Street, Madisonville, KY 42431
(Certified Mail)

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