Ezel / Agency Decisions / PENN 93-181-D

UAE Coal Corp ASSOCIATES (ALJ decision, August 18, 1993)

UAE Coal Corporation Associates (FMSHRC PENN 93-181-D): Settlement approved

Decision type
ALJ decision
Docket
PENN 93-181-D
Decided
August 18, 1993
Presiding judge
Arthur J. Amchan
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-14
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1993 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 1993
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

William Kroh brought a discrimination proceeding against UAE Coal Corporation Associates concerning the Harmony Mine. The parties filed a stipulation of settlement. Judge Arthur J. Amchan found the settlement consistent with the public interest, approved it, and ordered the case dismissed after payment of the amount specified in the stipulation.

Decision snapshot

  • Cited standard(s): None stated in the decision.
  • Outcome: The settlement was approved, and the case was ordered dismissed upon payment of the agreed amount.
  • Key point: The judge approved the parties' settlement after finding it consistent with the public interest.

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

WILLIAM KROH,
: DISCRIMINATION PROCEEDING
Complainant :
: Docket No. PENN 93-181-D
v. : MSHA Case No. WILK CD 93-01
:
UAE COAL CORPORATION
: Harmony Mine
ASSOCIATES,
:
Respondent :

DECISION APPROVING SETTLEMENT

Before Judge Amchan:

This case is before me pursuant to 105(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801 et seq. The parties have filed a stipulation of settlement.

I have reviewed the stipulation and find that it is consistent with the public interest.

ORDER

WHEREFORE IT IS ORDERED that the stipulation of settlement is APPROVED. Upon payment of the amount set forth in paragraph 1 of the stipulation, this case is DISMISSED.

Arthur J. Amchan
Administrative Law Judge
(703) 756-4572

Distribution:

Cynthia R. Vullo, Esq., Koff, Wendolowski, Ferguson & Mangan, 22
East Union Street, Suite 115, Wilkes-Barre, PA 18701-2721

John J. Smalanskas, Esq., Nogi, Appleton, Weinberger, & Wren,
P.C., 415 Wyoming Ave., Scranton, PA 18503

/jf

What applies to your situation today?

This order bound one employer. Ezel checks the current MSHA standards and Commission precedent against your facts, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace