Ezel / Agency Decisions / penn-94-532-d-alj
FMSHRC ALJ decision Docket PENN 94-532-D Decided February 10, 1995 Settled Judge Jerold Feldman

Reading Anthracite Company

Reading Anthracite Company (FMSHRC PENN 94-532-D): Discrimination complaint dismissed after settlement

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This order from 1995 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 1995
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 order, not Commission precedent
This order dismissed the discrimination complaint after the parties' settlement terms were satisfied. It 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 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

The Secretary sought approval to withdraw a discrimination complaint filed on behalf of William Ploxa against Reading Anthracite Company. The settlement required Ploxa to withdraw his complaint and the company to rescind a proposed $5,000 civil penalty and expunge disciplinary records related to the conduct at issue. Judge Jerold Feldman approved the withdrawal and penalty rescission. The complaint was dismissed with prejudice once the settlement terms were satisfied.

Decision snapshot

  • Governing provision: 30 U.S.C. § 815(c)(2)
  • Outcome: The discrimination complaint was dismissed with prejudice after settlement, and the proposed $5,000 penalty was rescinded.
  • Key point: The ALJ approved a settlement requiring withdrawal of the complaint, rescission of the proposed penalty, and expungement of related disciplinary records.

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




                      February 10, 1995

SECRETARY OF LABOR, : DISCRIMINATION PROCEEDING
MINE AND SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. PENN 94-532-D
ON BEHALF OF : MSHA Case No. WILK CD 94-02
WILLIAM PLOXA, :
Complainant : Knickerbocker M-112
v. :
:
READING ANTHRACITE COMPANY, :
Respondent :
:

                      ORDER OF DISMISSAL

Before: Judge Feldman

 The Secretary has filed a settlement motion that seeks my

approval of his request to withdraw the discrimination complaint
filed in this matter on behalf of William Ploxa pursuant to
Section 105(c)(2) of the Mine Safety and Health Act of 1977, 30
U.S.C. ' 815(c)(2). The settlement terms include Mr. Ploxa's
withdrawal of his subject complaint filed with the Mine Safety
and Health Administration as well as the recision of the $5,000
civil penalty proposed by the Secretary against the respondent in
this case. In return, the respondent has agreed to expunge Mr.
Ploxa's personnel file of any and all evidence of disciplinary
action taken against him as a result of his conduct on or about
March 25, 1994, and any related subsequent conduct.

 Under the circumstances herein, permission for the Secretary

to rescind the proposed civil penalty and withdraw the complaint
filed on behalf of William Ploxa IS HEREBY GRANTED. Upon
satisfaction of the terms of the settlement agreement, the above
captioned discrimination complaint IS DISMISSED with prejudice.

                        Jerold Feldman
                        Administrative Law Judge

Page 2

Distribution:

Anthony G. O'Malley Jr., Esq., Office of the Solicitor, U.S.
Department of Labor, Room 14480, Gateway Building, 3535 Market
Street, Philadelphia, PA 19104

Martin J. Cerullo, Esq., Cerullo, Datte & Wallbillich, P.C.,
Second Street & Laurel Blvd., P.O. Box 450, Pottsville, PA 17901

/rb

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