American Standard Coal Sales, Inc., H. Cameron Coal Co., Inc., Scarab Energy Corp., and Winston Meredith (ALJ decision, October 7, 1987)

Plain-English summary

Charles McGhee and Jackie Lowe asked to withdraw their discrimination complaints against American Standard Coal Sales, H. Cameron Coal, Scarab Energy, and Winston Meredith after reaching a mutually agreeable settlement. Judge Roy J. Maurer granted permission to withdraw under 29 C.F.R. § 2700.11 and dismissed both cases. At the parties' request, the order sealed the specific settlement terms unless a Commission, judge, or court with jurisdiction orders their disclosure. The order does not state a penalty amount.

Decision snapshot

• Governing rule: 29 C.F.R. § 2700.11.
• Outcome: Both discrimination proceedings were dismissed after settlement-based withdrawal was approved.
• Key point: The judge approved withdrawal and sealed the settlement terms at the parties' request, subject to authorized review.

Full text (FMSHRC public release)

CCASE:
CHARLES McGHEE V. AMERICAN COAL
DDATE:
19871007
TTEXT:

Page 2

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

CHARLES MCGHEE,
DISCRIMINATION PROCEEDINGS
COMPLAINANT
Docket No. SE 86-98-D
AND
BARB CD 86-16

JACKIE LOWE,
Docket No. SE 86-99-D
COMPLAINANT
BARB CD 86-17

v. No. 2 Mine

AMERICAN STANDARD COAL SALES,
INC., H. CAMERON COAL CO.,
INC., SCARAB ENERGY CORP.,
and WINSTON MEREDITH,
RESPONDENTS

ORDER OF DISMISSAL

Before: Judge Maurer

The Complainants, Charles McGhee and Jackie Lowe, request approval to withdraw their complaints in the above-captioned cases on the grounds that a mutually agreeable settlement of the underlying controversy has been reached. Under the circumstances herein, permission to withdraw is granted. 29 C.F.R. 2700.11. The cases are therefore dismissed.

At the request of the parties, the specific terms of the settlement agreement are hereby sealed subject to review only by order of the Commission, a Commission judge, or Court having jurisdiction.

Roy J. Maurer
Administrative Law Judge