Ezel / Agency Decisions / LAKE 84-87-D

Jeffrey L. Fankhauser v. Gex Hardy, Inc. (ALJ decision, December 19, 1984)

Jeffrey L. Fankhauser v. Gex Hardy, Inc. (FMSHRC LAKE 84-87-D): Retaliation settlement approved

Decision type
ALJ decision
Docket
LAKE 84-87-D
Decided
December 19, 1984
Presiding judge
Joseph B. Kennedy
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-10-20
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1984 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 1984
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

Jeffrey Fankhauser and Gex Hardy, Inc. asked Judge Joseph B. Kennedy to approve a settlement of Fankhauser's mine safety retaliation case. The judge found that the agreed relief was consistent with the Mine Act and approved it. The company must remove related discipline from Fankhauser's personnel file and repay wages for a three-day unpaid suspension. It must also certify his workers' compensation claim after receiving it and pay to repair his artificial leg and cover medical bills and other expenses tied to injuries the order mentions without describing. The case is dismissed once the company complies with the settlement order.

Decision snapshot

  • Cited standard(s): No numbered Mine Act or regulatory provision appears in the order.
  • Outcome: Settlement approved, with the case dismissed subject to compliance; no civil penalty was assessed.
  • Key point: The approved settlement provides discipline removal, lost pay, and specified injury-related relief to the miner.

Full text (FMSHRC public release)

CCASE:
JEFFREY FANKHAUSER V. GEX HARDY
DDATE:
19841219
TTEXT:

~2771

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

JEFFREY L. FANKHAUSER,
DISCRIMINATION PROCEEDING
COMPLAINANT
v. Docket No. LAKE 84-87-D

GEX HARDY, INC.,
MSHA Case No. VINC CD 84-06
RESPONDENT
Holmes Strip Mine

DECISION APPROVING SETTLEMENT

Before: Judge Kennedy

This matter is before me on the parties motion to approve settlement of the captioned anti-retaliation matter.

Based on an independent evaluation and de novo review of the circumstances, I find the relief afforded the miner under the stipulated terms of settlement are in accord with the purposes and policy of the Act.

Accordingly, it is ORDERED that the conditions for settlement set forth in counsel's letter of November 30, 1984, be, and hereby are, APPROVED. It is FURTHER ORDERED that said terms be, and hereby are, incorporated herein and that the operator FORTHWITH proceed to:

1. Expunge from Mr. Fankhauser's personnel file all disciplinary actions connected with the incidents challenged.

2. Reimburse Mr. Fankhauser for the three days suspension without pay previously effected.

3. Upon receipt of his claim, promptly certify Mr.
Fankhauser's Workmen's Compensation Claim.

4. Pay for the repair of Mr. Fankhauser's artificial leg and any medical bills or other expense incurred as a result of the injuries suffered by Mr. Fankhauser.

~2772
Finally, it is ORDERED that subject to compliance with this order the captioned matter be DISMISSED.

Joseph B. Kennedy
Administrative Law Judge

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