Ezel / Agency Decisions / SE 84-66

Secretary of Labor v. Jim Walter Resources, Inc. (ALJ decision, November 28, 1984)

Secretary of Labor v. Jim Walter Resources, Inc. (FMSHRC SE 84-66 and SE 84-67): Settlement limited to one docket

Decision type
ALJ decision
Dockets
SE 84-66, SE 84-67
Decided
November 28, 1984
Presiding judge
Joseph B. Kennedy
Outcome
Settled
Precedential status
Interlocutory order, not final
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.
ALJ order after remand, not Commission precedent
The judge confirmed the $150 settlement in SE 84-66 but retained jurisdiction over severed SE 84-67, which this order did not decide. This record is interlocutory as to SE 84-67; 30 U.S.C. § 823(d)(1) supplies the 40-day rule for final ALJ decisions. 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

An earlier decision had approved a settlement in proceedings captioned under two Jim Walter Resources dockets. After remand, the operator asked Judge Joseph B. Kennedy to correct that decision because the settlement motion covered only SE 84-66. The judge amended the decision, confirmed the $150 settlement for SE 84-66, and ordered payment by December 14, 1984. He severed SE 84-67 and retained jurisdiction to decide it on the parties' stipulated facts. The order's first amendment sentence prints “SE 86-66,” while its caption and settlement-confirmation sentence identify SE 84-66.

Decision snapshot

  • Cited standard(s): None identified in this procedural order.
  • Outcome: The $150 settlement was confirmed for SE 84-66; SE 84-67 was severed for a later decision.
  • Key point: The settlement did not resolve the second docket, which the judge retained for a ruling on stipulated facts.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. JIM RESOURCES
DDATE:
19841128
TTEXT:

~2690

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 84-66
PETITIONER
A.C. No. 01-01247-03585
v.
Docket No. SE 84-67
JIM WALTER RESOURCES, INC.,
A.C. No. 01-01247-03586
RESPONDENT

ORDER AFTER REMAND

The captioned matter has been remanded for consideration of the operator's request that the trial judge's decision approving settlement be corrected so as to reflect the fact that the motion to approve settlement related only to Docket No. 84-66.

Accordingly, it is ORDERED that the decision of October 19, 1984, approving settlement of the captioned matters be, and hereby is, AMENDED to show that only in the case of Docket No. SE 86-66 was settlement approved. It is FURTHER ORDERED that the decision approving settlement in Docket No. 84-66 be, and hereby is, CONFIRMED and that the operator pay the amount of the settlement agreed upon, $150, on or before Friday, December 14, 1984. Finally, it is ORDERED that pursuant to the parties stipulation to waive a hearing and submit Docket No. SE 84-67 for determination on the basis of the facts stipulated, said docket be, and hereby is, severed and jurisdiction retained to decide the matter de novo.

Joseph B. Kennedy
Administrative Law Judge

What applies to your situation today?

This order bound one employer. Ezel checks the current MSHA standards and Commission precedent against your facts, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace