Ezel / Agency Decisions / PENN 83-150-D

Thomas F. Murphy v. Consolidation Coal Company (ALJ decision, January 15, 1985)

Thomas F. Murphy v. Consolidation Coal Company (FMSHRC PENN 83-150-D): Discrimination complaint settled and dismissed

Decision type
ALJ decision
Docket
PENN 83-150-D
Decided
January 15, 1985
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 1985 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 1985
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 for this docket. 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

Thomas F. Murphy and Consolidation Coal Company asked Judge Joseph B. Kennedy to approve a settlement of Murphy's mine discrimination complaint. The judge found the agreement in Murphy's interest and consistent with the Mine Act's purposes. He ordered the company to pay the money due to Murphy immediately and dismissed the Commission case with prejudice, subject to payment and filing the settlement sheet. Counsel reported that related proceedings at the Departments of Labor and Interior had been or would be dismissed under the same stipulation. The public order does not state the payment amount or describe the underlying allegation.

Decision snapshot

  • Cited standards: None identified in this settlement order.
  • Outcome: Settlement approved; payment ordered; complaint dismissed with prejudice subject to payment and filing.
  • Key point: The judge approved a settlement that also covered related agency proceedings, without publishing its monetary terms.

Full text (FMSHRC public release)

CCASE:
T. F. MURPHY V. CONSOLIDATION COAL
DDATE:
19850115
TTEXT:
~101
Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

THOMAS F. MURPHY,
COMPLAINT OF DISCRIMINATION
COMPLAINANT
v. Docket No. PENN 83-150-D

CONSOLIDATION COAL COMPANY, PITT CD 83-5 RESPONDENT

ORDER APPROVING SETTLEMENT

Before: Judge Kennedy

This matter is before me on the parties' stipulation and motion to approve settlement. Counsel advises that companion proceedings pending before the Departments of Labor and Interior have or will be dismissed on the basis of the same stipulation.

Based on an independent evaluation and de novo review of the circumstances, I find the settlement proposed is in the interest of complainant and in accord with the purposes and policy of the Mine Health and Safety Act.

Accordingly, it is ORDERED the settlement proposed be, and hereby is, APPROVED. It is FURTHER ORDERED that the monies due complainant be paid FORTHWITH and that subject to payment and the filing of the parties' settlement sheet the captioned matter be, and hereby is, DISMISSED with prejudice.

Joseph B. Kennedy
Administrative Law Judge

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