Ezel / Agency Decisions / LAKE 94-704-D

Consolidation Coal Company (ALJ decision, June 16, 1999)

Consolidation Coal Company (FMSHRC LAKE 94-704-D): Discrimination settlement approved

Decision type
ALJ decision
Docket
LAKE 94-704-D
Decided
June 16, 1999
Presiding judge
Gary Melick
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-11
Cited standards
30 U.S.C. § 815(c) 30 U.S.C. § 815(d)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1999 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 1999
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

Consolidation Coal Company faced a discrimination proceeding brought on behalf of Kenneth Hannah, Phillip J. Payne, and Floyd Mezo, along with a civil penalty petition. Judge Gary Melick approved a settlement requiring back pay and interest, expungement of references to the incident from personnel records, an agreed posting, and a $500 civil penalty. The judge ordered the parties to comply within 40 days and dismissed the case.

Decision snapshot

  • Cited authority: 30 U.S.C. § 815(c), 30 U.S.C. § 815(d)
  • Outcome: The settlement was approved, the parties were ordered to comply with its terms, and the case was dismissed.
  • Key point: The approved settlement combined discrimination relief with a $500 civil penalty and an agreed posting.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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

June 16, 1999

SECRETARY OF LABOR
: DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. LAKE 94-704-D on behalf of KENNETH HANNAH, : PHILLIP J. PAYNE and : MSHA Case No. VINC CD 94-07
FLOYD MEZO,
:
Complainants : Mine ID No. 11-00601
:
v. :
:
CONSOLIDATION COAL COMPANY, :
Respondent : Rend Lake Mine

DECISION APPROVING SETTLEMENT

Before: Judge Melick

This case is before me upon a Complaint of Discrimination and a Petition for Assessment of Civil Penalty under Sections 105(c) and 105(d) of the Federal Mine Safety and Health Act of 1977 (the Act). Petitioner has filed a motion to approve a settlement agreement and to dismiss the case. The terms of settlement include back pay and interest, expungement from personnel records of references to the incident at issue, an agreed posting and payment of a $500.00 civil penalty. I have considered the representations and documentation submitted in this case, and I concluded that the proferred settlement is acceptable.

WHEREFORE, the motion for approval of settlement is GRANTED, and it is ORDERED that the parties comply with all the terms of the settlement within 40 days of this order. Under the circumstances this case is dismissed.

Gary Melick
Administrative Law Judge
703-756-6261

Distribution:

Rafael Alvarez, Esq., Office of the Solicitor, U.S. Dept. of Labor, 230 South Dearborn St., 8th Floor, Chicago, IL 60604

David J. Hardy, Esq., Jackson & Kelly, 1600 Laidley Tower, P.O. Box 553, Charleston, WV 25322

Elizabeth S. Chamberlin, Esq., Consol Inc., Consol Plaza, 1800 Washington Boulevard, Pittsburgh, PA 15241

\mca

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