Ezel / Agency Decisions / PENN 94-571-C

Jeddo-Highland Coal Company (ALJ decision, April 6, 1995)

Jeddo-Highland Coal Company (FMSHRC PENN 94-571-C): Compensation settlement approved

Decision type
ALJ decision
Docket
PENN 94-571-C
Decided
April 6, 1995
Presiding judge
Arthur J. Amchan
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-13
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

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 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 binding on the Commission in other cases. 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 United Mine Workers of America filed a compensation complaint concerning miners at Jeddo-Highland Coal Company's No. 7 Breaker. The company moved to approve a settlement agreeing to pay each named miner for the listed hours at the miner's regular rate of pay. The judge found the settlement consistent with section 111 of the Mine Act, approved it, and ordered payment through the miners' next paychecks. The case was to be dismissed after payment.

Decision snapshot

  • Cited standards: None stated by section number in the release.
  • Outcome: The settlement was approved, payment was ordered, and the case was to be dismissed after payment.
  • Key point: The judge approved compensation at the miners' regular pay rates for the hours listed in the settlement.

Full text (FMSHRC public release)


[DOCID: f:pn94571.wais]

JEDDO-HIGHLAND COAL COMPANY
April 6, 1995
PENN 94-571-C

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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

April 6, 1995

UNITED MINE WORKERS OF : COMPENSATION PROCEEDING AMERICA, LOCAL 1531, DIST. 2, :
Complainant : Docket No. PENN 94-571-C :
v. : Mine: No. 7 Breaker
:
JEDDO-HIGHLAND COAL COMPANY, :
Respondent :

DECISION APPROVING SETTLEMENT

Before: Judge Amchan

This case is before me upon a complaint for compensation filed by the United Mine Workers of America, Local 1531, District 2. Respondent has filed a motion to approve settlement agreement. The terms of the settlement are that Respondent has agreed to pay each of the miners named on the Application for Compensation for the hours listed by each of their names by Complainant, at their regular rate of pay. Payment shall be included in each of the miners' next paychecks.

I have considered the representations and documentation submitted and I conclude that the proffered settlement is consistent with section 111 of the Act.

ORDER

WHEREFORE IT IS ORDERED that the motion for approval of settlement is GRANTED and Respondent shall pay the compensation agreed upon in the settlement agreement. Upon such payment this case is DISMISSED.

Arthur J. Amchan
Administrative Law Judge

Distribution:

Paul F. Rento, United Mine Workers of America, Local 1531, District 2, 52 Cedar St., Hazelton, PA 18201

David H. Swisher, Esq., P.O. Box 450, Pittston, PA 18640

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