Husky Coal Company, Inc. (ALJ decision, March 19, 1999)

Plain-English summary

Darrell M. Perry alleged that Husky Coal Company discriminated against him in violation of section 105 of the Mine Act. The case was partly heard before the parties reached a settlement during a recess. Judge Avram Weisberger found that the settlement was fair and consistent with the Mine Act, accepted it, ordered the parties to follow all settlement terms, and sealed the record.

Decision snapshot

• Governing provision: 30 U.S.C. § 815
• Outcome: The settlement was accepted, the record was sealed, and the case was dismissed.
• Key point: An ALJ may approve a discrimination settlement after reviewing the settlement terms and the record for fairness and consistency with the Mine Act.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF A D M INISTRA TIV E LA W JUDGES 2 SK YLINE, 10 th FLOOR
5203 LEESBURG PIK E
FA LLS CHURCH, V IRGINIA 22041

March 19, 1999

DARRELL M. PERRY, : DISCRIMINATION PROCEEDING
Complainant
:
v. : Docket No. KENT 98-318-D
:
HUSKY COAL COMPANY, INC., : Pike CD 98-12
Respondent
:
: Mine No. 8
: Mine ID 15-17839

DECISION

Appearances: Stephen Sanders, Esq., Appalachian Research and Defense Fund of Kentucky, Inc., Prestonsburg, Kentucky, and James J. Barrett, Esq., Pillersdorf, Derossett and Barrett, Prestonsburg, Kentucky, for Complainant;
David C. Stratton, Esq., Stratton, Hogg & Maddox, P.S.C., Pikeville, Kentucky, for Respondent.

Before: Judge Weisberger

This case is before me based on a Complaint filed by Darrell M. Perry alleging that Husky Coal Company discriminated against him in violation of section 105 of the Federal Mine Safety and Health Act of 1977. The matter was scheduled for hearing, and was partially heard on February 23, 1999.

On February 23, 1999, during a recess, the parties advised that they had reached a settlement of this matter, and the Complainant made a motion to approve the settlement and dismiss the case. The parties presented the terms of the settlement on the record. After due consideration, the motion was granted as follows, with the exception of minor changes not of a substantive nature.

The parties divulged to me all the terms of the settlement and taking into account the terms of the settlement and the entire record, including the testimony presented this morning, I find that the settlement is a fair resolution of the issues presented in this case and also is consistent with the terms of the Federal Mine Safety and Health Act of 1977.

ORDER

I therefore accept the settlement and grant the motion. It is ORDERED as follows:

1. That the record in this case shall be SEALED.

2. It is further ORDERED that the parties in this case shall abide by all of the terms of the settlement.

Avram Weisberger
Administrative Law Judge

Distribution:

Stephen A. Sanders, Esq., Appalachian Research and Defense Fund of Kentucky, Inc., 120 North Front Avenue, Prestonsburg, KY 41653-1221 (Certified Mail)

James J. Barrett, Esq., Pillersdorf, Derossett and Barrett, 18 West Court Street, Prestonsburg, KY 41653 Certified Mail)

David C. Stratton, Esq., Stratton, Hogg & Maddox, P.S.C., P. O. Box 1530, Pikeville, KY 41502-1530 (Certified Mail)

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