Ezel / Agency Decisions / lake-87-67-d-alj
FMSHRC ALJ decision Docket LAKE 87-67-D Decided July 17, 1987 Settled Judge Avram Weisberger Transcribed from scan

Green Ridge Mining, Inc.

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

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

Get today's answer for your situation

You just read what one judge decided for one employer in 1987, and it binds only those parties. Ezel checks the current MSHA standards and Commission precedent and answers your specific situation, with citations.

Opens in Ezel Pro. Every answer cites the authority it relies on.