Ezel / Agency Decisions / PENN 95-73-D

Consolidation Coal Company (ALJ decision, July 17, 1995)

Consolidation Coal Company (FMSHRC PENN 95-73-D): Discrimination settlement approved

Decision type
ALJ decision
Docket
PENN 95-73-D
Decided
July 17, 1995
Presiding judge
Arthur J. Amchan
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-13
Cited standards
30 U.S.C. § 815(c)
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 decision of an Administrative Law Judge
This decision became final under the 40-day rule in 30 U.S.C. § 823(d)(1) unless review was directed or sought. 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

Randy Cunningham alleged that Consolidation Coal Company failed to pay him for one hour spent serving as a walkaround representative during an MSHA inspection. The company agreed to pay him for that hour, and the Secretary agreed to withdraw the proposed civil penalty. The judge approved the settlement agreement and dismissed the case.

Decision snapshot

  • Cited standard(s): 30 U.S.C. § 815(c)
  • Outcome: The settlement was approved, the proposed civil penalty was withdrawn, and the case was dismissed.
  • Key point: The ALJ approved resolution of the discrimination complaint through payment for the disputed inspection time and withdrawal of the proposed penalty.

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

July 17, 1995

SECRETARY OF LABOR,
: DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA),
: Docket No. PENN 95-73-D
on behalf of
: MSHA Case No. PITT CD 94-04
RANDY CUNNINGHAM,
:
Complainant
: Dilworth Mine
v. : Mine I.D. No. 36-04281
:
CONSOLIDATION COAL COMPANY, :
Respondent
:

DECISION APPROVING SETTLEMENT

Before: Judge Amchan

This case is before me pursuant to a discrimination complaint filed pursuant to section 105(c) of the Act. The Secretary has filed a motion to withdraw the discrimination complaint and to dismiss the proposed civil penalty. I have construed this motion as one requesting approval of a settle- ment agreement. The motion is granted.

Mr. Cunningham filed a complaint with MSHA alleging that he was not paid for an hour during which he served as a walkaround representative during an MSHA inspection. Respondent has agreed to pay him for this hour and the Secretary has agreed to withdraw its proposed civil penalty.

Page 2

I conclude this agreement is consistent with the Act. I therefore grant the Secretary's motion and dismiss this case.

Arthur J. Amchan
Administrative Law Judge

Distribution:

Pamela W. McKee, Esq., Office of the Solicitor, U.S. Department of Labor, 14480 Gateway Building, 3535 Market Street, Philadelphia, PA 19104

Elizabeth Chamberlin, Esq., Consolidation Coal Company, 1800 Washington Road, Pittsburgh, PA 15241

/lh

2

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