Ezel / Agency Decisions / LAKE 87-67-D

Green Ridge Mining, Inc. (ALJ decision, July 17, 1987)

Green Ridge Mining, Inc. (FMSHRC LAKE 87-67-D): Discrimination settlement dismissed with prejudice

Decision type
ALJ decision
Docket
LAKE 87-67-D
Decided
July 17, 1987
Presiding judge
Avram Weisberger
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-21
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1987 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 1987
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.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

Plain-English summary

The Secretary and Green Ridge Mining, Inc. reached a settlement of Mark R. Kraus's discrimination complaint and application for reinstatement. Judge Avram Weisberger approved the parties' consent agreement by dismissing both matters with prejudice.

Decision snapshot

  • Governing provision: The order identifies a consent agreement but does not cite a specific safety standard.
  • Outcome: The discrimination complaint and application for reinstatement were dismissed with prejudice under the settlement.
  • Key point: A consent agreement can resolve a discrimination and reinstatement proceeding through dismissal with prejudice.

Full text (FMSHRC public release)

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

SECRETARY OF LABOR,
DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION ON BEHALF OF Docket No. LAKE 87-67-D
MARK R. KRAUS,
COMPLAINANT
VINC CD 87-03

v. Green Ridge Mine

GREEN RIDGE MINING, INC.,
RESPONDENT

ORDER OF DISMISSAL

On July 14, 1987, the Secretary filed a Motion to Dismiss predicated upon a Consent Agreement, executed on July 9, 1987, which sets forth the terms of the settlement of this case and which indicates that the Parties agree, that the Complaint and Application for Reinstatement be dismissed with prejudice.

Accordingly, the Complaint and Application for Reinstatement is dismissed with prejudice, and it is ORDERED that this case be DISMISSED with prejudice.

Avram Weisberger
Administrative Law Judge

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