Edward Schumacher (ALJ decision, March 8, 1995)

Plain-English summary

Edward Schumacher, an employee of Midwest Material Corporation, was the respondent in a civil penalty proceeding at the Lacon Plant. The parties asked the Judge to approve a settlement that reduced the penalty from $9,500 to $1,500. Judge Arthur J. Amchan found the settlement consistent with the criteria in section 110(i) of the Mine Act. The approved penalty was payable in 10 equal installments beginning within 30 days, with the full amount due if an installment was missed, and the case was to be dismissed after payment.

Decision snapshot

• Governing provisions: 30 U.S.C. § 815(d); 30 U.S.C. § 820(i)
• Outcome: The settlement was approved, reducing the penalty to $1,500 payable in 10 installments, with dismissal upon payment.
• Key point: The ALJ approved the negotiated penalty after finding it consistent with the Mine Act's statutory criteria.

Full text (FMSHRC public release)

[DOCID: f:l94-631.wais]

EDWARD SCHUMACHER
March 8, 1995
LAKE 94-631-M

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

March 8, 1995

SECRETARY OF LABOR
: CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. LAKE 94-631-M Petitioner : A.C. No. 11-02742-05518A
v. :
: Lacon Plant
EDWARD SCHUMACHER, Employed by :
MIDWEST MATERIAL CORPORATION, :
Respondent :

DECISION APPROVING SETTLEMENT

Appearances: Lisa A. Gray, Esq., Office of the Solicitor, U.S. Department of Labor, Chicago, Illinois, for the Petitioner;
Thomas G. Harvel, Esq., Westervelt, Johnson, Nicoll and Keller, Peoria, Illinois, for Respondent.

Before: Judge Amchan

This case is before me upon a petition for assessment of civil penalty under section 105(d) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801 et seq. At hearing, the parties moved to approve a settlement agreement and to dismiss the case. The terms of the settlement are that the penalty is reduced from $9,500 to $1,500. The penalty is payable in 10 equal installments beginning within 30 days. The entire penalty is due if payment of any of the installments is not made.

I have considered the representations and documentation submitted and I conclude that the proffered settlement is consistent with the criteria in section 110(i) of the Act.

ORDER

WHEREFORE IT IS ORDERED that the motion for approval of settlement is GRANTED and Respondent shall pay the approved penalty as provided in the settlement agreement. Upon such payment this case is DISMISSED.

Arthur J. Amchan
Administrative Law Judge

Distribution:

Lisa A. Gray, Esq., Office of the Solicitor, U.S. Department of Labor, 8th Floor, 230 S. Dearborn St., Chicago, IL 60604

Thomas G. Harvel, Esq., Westervelt, Johnson, Nicoll & Keller, 14th Floor, First Financial Plaza, 411 Hamilton Blvd., Peoria, IL 61602-1114

/lh