Secretary of Labor on behalf of Carey D. Rauch v. Mechanical Systems Services Incorporated (ALJ decision, February 3, 1986)

Mechanical Systems Services Incorporated (FMSHRC SE 86-15-DM): Discrimination settlement approved

Decision type

ALJ decision

Docket

SE 86-15-DM

Decided

February 3, 1986

Presiding judge

Paul Merlin

Outcome

Settled

Precedential status

Final order, not precedent

Checked against source

2026-10-20

Cited standards

30 U.S.C. § 815(c)(1)

Official source

Read the official release (fmshrc.gov)

PDF

View Official PDF

Apply this to your situation

This order from 1986 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.

Final ALJ decision, not Commission precedent

This settlement 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 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

MSHA cited Mechanical Systems Services after it discharged Carey Rauch for refusing work she considered unsafe at the Hanleyville Quarry and Mill. The company provided Rauch the full back pay she sought, and the parties proposed a $400 settlement payment. Chief Judge Paul Merlin accepted the Solicitor's account of the relief and the operator's limited prior enforcement history. He approved the settlement and ordered the company to pay $400 within 30 days.

Decision snapshot

Cited provision: Mine Act section 105(c)(1), 30 U.S.C. § 815(c)(1), protecting miners from discrimination for safety activity.
Outcome: Settlement approved; full back pay provided and $400 ordered paid.
Key point: The judge approved the discrimination settlement after the miner received the back pay she sought.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. MECHANICAL SYSTEMS
DDATE:
19860203
TTEXT:
~200

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 86-15-DM
ON BEHALF OF CAREY D. RAUCH,
COMPLAINANT
Hanleyville Quarry & Mill

MECHANICAL SYSTEMS SERVICES
INCORPORATED,
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Merlin

The Solicitor has filed a motion to approve settlement of the above captioned discrimination proceedingin the amount of $400.00.

The operator was cited for a violation of 105(c)(1) of the Act when it discharged the Complainant for refusing to engage in a practice she thought unsafe. As part of the settlement agreement, the operator has provided the Complainant full back pay which was the relief sought. The Solicitor also advises that no prior discrim- ination claims and only one prior assessment have been filed against the operator in the past two years. I accept the Solicitor's rep- resentations. In view of them the proposed settlement is Approved.

Accordingly, the operator is ORDERED TO PAY $400.00 within 30 days of the date of this decision.

Paul Merlin
Chief Administrative Law Judge

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