Winn Construction Company, Inc. (ALJ decision, March 7, 1995)

Plain-English summary

Winn Construction Company, Inc. faced civil penalty proceedings involving the Browns Valley, Maxwell, and Free Silver Mines. The parties proposed reducing the combined penalty from $27,500 to $9,700. Judge Gary Melick found the settlement acceptable under the Mine Act's statutory criteria. He ordered the respondent to pay $9,700 within 30 days.

Decision snapshot

• Governing provisions: 30 U.S.C. § 815(d); 30 U.S.C. § 820(i)
• Outcome: The settlement covering three dockets was approved, reducing the combined penalty to $9,700 payable within 30 days.
• Key point: The ALJ approved the negotiated penalty after finding the settlement acceptable under the Mine Act's statutory criteria.

Full text (FMSHRC public release)

[DOCID: f:k94-1319.wais]

WINN CONSTRUCTION COMPANY,INC.
March 7, 1995
KENT 94-1319

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, SUITE 1000
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

March 7, 1995

SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. KENT 94-1319 Petitioner : A.C. No. 15-16482-03522
v. :
: Browns Valley Mine
WINN CONSTRUCTION COMPANY,INC., :
Respondent : Docket No. KENT 95-62 : A.C. No. 15-17458-03504 :
: Maxwell Mine
:
: Docket No. KENT 95-63
: A.C. No. 15-17376-03505
: Free Silver Mine

DECISION APPROVING SETTLEMENT

Appearances: Mary Sue Taylor, Esq., Office of the Solicitor, U.S. Department of Labor, Nashville, Tennessee for the Secretary of Labor;
Carl Boyd, Esq., Henderson, Kentucky for the Respondent.

Before: Judge Melick

These cases are before me upon petitions for assessment of civil penalty under Section 105(d) of the Federal Mine Safety and Health Act of 1977 (the Act). At hearing Petitioner filed a motion to approve a settlement agreement and to dismiss the cases. A reduction in penalty from $27,500 to $9,700 was proposed. I have considered the representations and documentation submitted in these cases, and I conclude that the proffered settlement is acceptable under the criteria set forth in Section 110(i) of the Act.

WHEREFORE, the motion for approval of settlement is GRANTED, and it is ORDERED that Respondent pay a penalty of $9,700 within 30 days of this order.

Gary Melick
Administrative Law Judge

Distribution:

Mary Sue Taylor, Esq., Office of the Solicitor, U.S. Dept. of Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN 37215-2862

Carl Boyd, Esq., 120 N. Ingram Street, Henderson, KY 42430

/jf