Ezel / Agency Decisions / PENN 85-99

Secretary of Labor v. Foy Brothers (ALJ decision, May 10, 1985)

Secretary of Labor v. Foy Brothers (FMSHRC PENN 85-99): One citation settled, one vacated

Decision type
ALJ decision
Docket
PENN 85-99
Decided
May 10, 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 settlement approval 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

Foy Brothers and the Secretary of Labor agreed to settle a civil penalty case involving the Barbara No. 1 Mine. Judge Joseph B. Kennedy had proposed a $150 resolution after independently reviewing the circumstances, and the parties accepted it. He ordered Foy Brothers to pay $150 for Citation No. 2257061 by May 31, 1985, and vacated Citation No. 2257062. The case was to be dismissed upon payment. The brief decision does not identify the cited safety standards or describe the alleged conditions.

Decision snapshot

  • Cited standards: None identified in the decision.
  • Outcome: Citation No. 2257061 settled for $150; Citation No. 2257062 vacated.
  • Key point: The judge entered the settlement the parties accepted after his independent review.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. FOY BROTHERS
DDATE:
19850510
TTEXT:
~666
Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. PENN 85-99
PETITIONER
A.C. No. 36-07045-03501 G6N
v.
Barbara No. 1 Mine
FOY BROTHERS,
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Kennedy

Based on an independent evaluation and de novo review of the circumstances, the trial judge issued an order to show cause why this matter should not be settled by payment of a penalty of $150 for Citation 2257061 and Citation 2257062.

In response the parties agreed to settle on the basis proposed. Accordingly, it is ORDERED that the operator pay a penalty of $150 for Citation 2257061 on or before Friday, May 31, 1985; that Citation 2257062 be, and hereby is VACATED; and that subject to payment of the penalty the captioned matter be DISMISSED.

Joseph B. Kennedy
Administrative Law Judge

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