Ezel / Agency Decisions / SE 86-47-DM

Fred O. W. Arntz v. Metric Constructors, Inc. (ALJ decision, August 19, 1986)

Fred O. W. Arntz v. Metric Constructors, Inc. (FMSHRC SE 86-47-DM): Discrimination case dismissed after a $3,500 settlement

Decision type
ALJ decision
Docket
SE 86-47-DM
Decided
August 19, 1986
Presiding judge
James A. Broderick
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 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.

Currency note: this decision dates from 1986
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. 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.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

Plain-English summary

Fred O. W. Arntz filed a discrimination complaint against Metric Constructors. He later asked to dismiss the proceeding because the parties had settled the complaint for a $3,500 payment to him. Judge James A. Broderick granted the motion, dismissed the proceeding, and canceled the scheduled hearing. The order gives no ruling on the merits of the discrimination claim.

Decision snapshot

  • Cited standard: None identified in this dismissal order.
  • Outcome: Discrimination proceeding dismissed after a $3,500 settlement.
  • Key point: The judge granted the complainant's dismissal motion after the reported settlement.

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
(703) 756-6220

AUG 19 1986
FRED O. W. ARNTZ, : DISCRIMINATION PROCEEDING
Complainant
:
: Docket No. SE 86-47-DM
v. :
: MD 85-56
METRIC CONSTRUCTORS, INC.,
:
Respondent
:

ORDER OF DISMISSAL
Before: Judge Broderick
On August 14, 1986, Complainant filed a motion to dismiss this proceeding because of a settlement of his discrimination complaint against Respondent for the payment to Complainant of $3500.
Therefore, it is ORDERED that the motion is GRANTED, this proceeding is DISMISSED and the hearing scheduled for August 25, 1986 is CANCELLED.

James A. Broderick
Administrative Law Judge
Distribution:
Ronald S. Webster, Esq., Whittaker, Stump & Webster, P.A., P.O. Box 531126, Orlando, FL 32853 (Certified Mail) Dwane E. Vickstrom, Esq., The Jones Group, One South Executive Park, 6060 St. Albans St., Charlotte, NC 28287 (Certified Mail) Mr. Fred O. W. Arntz, 4292 Azora Road, Springhill, FL 33526 (Certified Mail) slk

1242

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