Ezel / Agency Decisions / KENT 96-632-D

Willie Sizemore v. Andalex Resources, Inc. (ALJ decision, November 24, 1995)

Willie Sizemore v. Andalex Resources, Inc. (FMSHRC KENT 96-632-D): Settlement approved and case dismissed

Decision type
ALJ decision
Docket
KENT 96-632-D
Decided
November 24, 1995
Presiding judge
William Fauver
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-13
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 1995 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 1995
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 binding on the Commission in other cases. 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

Willie Sizemore and Andalex Resources asked the judge to approve a settlement in a Mine Act discrimination proceeding involving Island Mine No. 3. Judge William Fauver approved the settlement agreement, canceled the scheduled hearing, and dismissed the proceeding with prejudice. The decision does not state the settlement terms.

Decision snapshot

  • Governing provision: 30 U.S.C. § 815(c)
  • Outcome: The settlement was approved, and the proceeding was dismissed with prejudice.
  • Key point: The official decision approves the parties' settlement but does not disclose its terms.

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

November 24, 1995

WILLIE SIZEMORE, : DISCRIMINATION PROCEEDING
Complainant :
v. : Docket No. KENT 96-632-D
: MASHA Case No. MADI CD 95-02
ANDALEX RESOURCES, INC., :
Respondent : Island Mine No. 3

DECISION APPROVING SETTLEMENT

Before: Judge Fauver

The parties have moved for approval of a settlement agreement based upon the terms stated to the judge in a conference call on November 9, 1995.

The settlement agreement is approved.

ORDER

WHEREFORE IT IS ORDERED that:

1. The motion to approve the settlement is GRANTED.

2. The parties are directed to comply with the terms of the settlement agreement.

3. The hearing scheduled for November 14, 1995, is CANCELED.

4. Pursuant to the approved settlement agreement this proceeding is DISMISSED with prejudice.

William Fauver
Administrative Law Judge

Distribution:

Page 2

Neville Smith, Esq., Smith & Wells, 110 Lawyer St., P.O. Box 447,
Manchester, KY 40962

G. Christopher Van Bever, Esq., Andalex Resources, Inc.,
9300 Shelbyville Rd., Suite 1200, Louisville, KY 40222

/lt

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