Ezel / Agency Decisions / SE 84-51-D

Secretary of Labor on behalf of Gregory Brown v. A & L Coal Company, Inc. (ALJ decision, March 19, 1985)

Secretary of Labor on behalf of Gregory Brown v. A & L Coal Company, Inc. (FMSHRC SE 84-51-D): Back wage amount set

Decision type
ALJ decision
Docket
SE 84-51-D
Decided
March 19, 1985
Presiding judge
James A. Broderick
Outcome
Procedural
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 1985 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 1985
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 for this docket. 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

This order sets the amount A & L Coal Company must pay Gregory Brown under an earlier back wage ruling in a discrimination case. The parties stipulated to the amount due. Judge James A. Broderick ordered the company to pay $4,032.92 within 30 days, including compensation, interest, and expenses for obtaining interim work, after subtracting interim earnings. The order says that payment will satisfy the back wage requirement in the judge's November 5, 1984 decision. It resolves the amount of relief and does not decide the underlying discrimination claim again.

Decision snapshot

  • Cited standard: No mine safety standard is cited; this is a back wage order in a discrimination proceeding.
  • Outcome: Payment of $4,032.92 ordered within 30 days under the earlier back wage ruling.
  • Key point: The parties' stipulated calculation fixes the amount needed to satisfy the prior back wage order.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. A & L COAL
DDATE:
19850319
TTEXT:
~418
Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. SE 84-51-D
ON BEHALF OF
MSHA Case No. BARB CD 84-14
GREGORY BROWN,
COMPLAINANT
No. 1 Mine
v.

A & L COAL COMPANY, INC.,
RESPONDENT

ORDER

Before: Judge Broderick

The parties have stipulated to the amount due to Complainant as back wages pursuant to my decision of November 5, 1984.

In accordance with the stipulation, Respondent is ORDERED to pay the following sums to Complainant within 30 days of the date of this order:

December, 1983

3 days's compensation
$192.00
Interest
22.91
____
$ 214.91
January, 1984 through March, 1984

Compensation
$3,836.00
Expenses incurred in procuring
interim employment
130.00
____
$3,966.00
Less interim earnings
480.00
interest
332.01
______
$3,818.01

$ 214.91
3,818.01
_____

Total Compensation Due $ 4,032.92
~419
Payment of the above amount will comply with and satisfy the Order to pay back wages contained in my decision of November 5, 1984.

James A. Broderick
Administrative Law Judge

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