Ezel / Agency Decisions / LAKE 86-33-D

Ann Riley Owens v. Monterey Coal Company (ALJ decision, June 18, 1986)

Ann Riley Owens v. Monterey Coal Company (FMSHRC LAKE 86-33-D): Confidential settlement approved

Decision type
ALJ decision
Docket
LAKE 86-33-D
Decided
June 18, 1986
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 1986 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 1986
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 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

Ann Riley Owens and Monterey Coal Company submitted a settlement of a discrimination proceeding. Judge Joseph B. Kennedy accepted the confidential agreement and stipulation under seal. He approved the settlement and dismissed the case subject to payment of the agreed sum. The public decision does not state that sum or describe the allegations.

Decision snapshot

  • Cited standard: No specific standard or statutory provision is identified in this public order.
  • Outcome: Confidential settlement approved; dismissal conditioned on payment of an undisclosed sum.
  • Key point: The settlement terms were sealed, so the public order states only the approval and payment condition.

Full text (FMSHRC public release)

CCASE:
ANN RILEY OWENS V. MONTEREY COAL
DDATE:
19860618
TTEXT:
~

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

ANN RILEY OWENS,
DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. LAKE 86-33-D v.
VINC CD 85-21
MONTEREY COAL COMPANY,
RESPONDENT
Monterey No. 2 Mine

DECISION APPROVING SETTLEMENT

Before: Judge Kennedy

For good cause shown, it is ORDERED that the parties confidential settlement agreement and stipulation for settlement and dismissal be received in camera and under seal. It is FURTHER ORDERED that pursuant to such agreement and the parties' joint motion to dismiss the settlement be, and hereby is, APPROVED and subject to payment of the sum agreed upon the matter DISMISSED.

Joseph B. Kennedy
Administrative Law Judge

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