Ezel / Agency Decisions / SE 83-29

Secretary of Labor v. Grundy Mining Company, Inc. (ALJ decision, November 21, 1984)

Secretary of Labor v. Grundy Mining Company, Inc. (FMSHRC SE 83-29 and related contests): $27,000 settlement approved

Decision type
ALJ decision
Dockets
SE 83-29, SE 82-36-R, SE 82-37-R, SE 82-38-R, SE 82-39-R, SE 82-40-R
Decided
November 21, 1984
Presiding judge
Charles C. Moore, Jr.
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 1984 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 1984
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 judge's decision was subject to Commission review under the 40-day rule in 30 U.S.C. § 823(d)(1). It binds the parties if not reviewed 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 Secretary and Grundy Mining Company sought approval of a settlement in a civil penalty case and five related citation contests involving the No. 21 Mine. The assessment office had proposed $30,272, and the parties agreed to $27,000. Judge Charles C. Moore, Jr. considered MSHA's submitted position on the statutory penalty criteria and found no reason to challenge it. He granted the settlement motion and ordered Grundy to pay $27,000 within 30 days. The decision does not identify the cited safety standards or describe the violations.

Decision snapshot

  • Cited standards: None identified in the decision.
  • Outcome: Settlement approved at $27,000, reduced from a proposed $30,272.
  • Key point: The judge accepted MSHA's stated reasons for the reduced penalty without adding separate findings about the underlying violations.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. GRUNDY MINING
DDATE:
19841121
TTEXT:
~2657

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. SE 83-29
PETITIONER
A/O No: 40-00524-03508
v.
No. 21 Mine
GRUNDY MINING COMPANY, INC.,
RESPONDENT

AND

GRUNDY MINING COMPANY, INC., NOTICES OF CONTEST CONTESTANT
Docket No. SE 82-36-R
Citation No: 757821; 2/24/82 v.
Docket No: SE 82-37-R
Citation No: 757822; 2/24/82

SECRETARY OF LABOR, ET AL,
Docket No: SE 82-38-R
RESPONDENT Citation No: 757823; 2/24/82

Docket No: SE 82-39-R
Citation No: 757824; 2/24/82

Docket No: SE 82-40-R
Citation No: 757825; 2/24/82

DECISION APPROVING SETTLEMENT

Before: Judge Moore

The proposed assessment issued by the assessment office in the above-captioned civil penalty proceedings is $30,272.00 and the parties are seeking approval to settle for $27,000.

MSHA has submitted with its moving papers its position with regard to the statutory criteria, and after examining those papers I find no reason to challenge MSHA's position.

I therefore accept the reasons given by MSHA for ~2658 agreeing to a settlement and incorporate them herein by reference.

The settlement motion is GRANTED and respondent is ORDERED to pay to MSHA, within 30 days, a civil penalty of $27,000.

Charles C. Moore, Jr.
Administrative Law Judge

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