Ezel / Agency Decisions / SE 87-85-DM

Metric Constructors, Inc. (ALJ decision, November 6, 1987)

Metric Constructors, Inc. (FMSHRC SE 87-85-DM): Discrimination settlement approved

Decision type
ALJ decision
Docket
SE 87-85-DM
Decided
November 6, 1987
Presiding judge
Avram Weisberger
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-20
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1987 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 1987
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 binding on the Commission in other cases. 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

Brian S. Ousley and Metric Constructors, Inc. submitted a signed settlement agreement to resolve a discrimination proceeding. Judge Avram Weisberger found the agreement fair to both parties. He approved the settlement and ordered the parties to comply with all of its terms.

Decision snapshot

  • Governing provisions: None stated in the release.
  • Outcome: The settlement agreement was approved, and the parties were ordered to comply with its terms.
  • Key point: An ALJ may approve a signed settlement agreement when its terms are just to both parties.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. METRIC CONSTRUCTORS
DDATE:
19871106
TTEXT:

Page 2

~1922

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 87-85-DM
ON BEHALF OF
BRIAN S. OUSLEY,
MD 86-18
COMPLAINANT
C.P.L. Plant v.

METRIC CONSTRUCTORS, INC.,
RESPONDENT

DECISION APPROVING SETTLEMENT

The Parties, on November 2, 1987, filed a Motion for Decision and Order Approving Settlement which was signed by Complainant and the Attorney for Respondent. A Settlement Agreement signed by the Parties was attached to the Motion.

I find that the terms of the settlement agreement are just to both Parties.

Accordingly, the Motion Approving Settlement is GRANTED, and it is ORDERED that the settlement agreement of October 15, 1987, is APPROVED, and the Parties shall be bound by all its terms.

Avram Weisberger
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