Ezel / Agency Decisions / va-2014-233-d-alj-2

Scott D. McGlothlin v. Dominion Coal Corporation (ALJ decision, August 30, 2016)

Scott D. McGlothlin v. Dominion Coal Corporation (FMSHRC VA 2014-233 D): Two citations in remand decision corrected

Decision type
ALJ decision
Docket
VA 2014-233 D
Decided
August 30, 2016
Presiding judge
Jerold Feldman
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-01
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 2016 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 2016
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 corrective order, not Commission precedent
This order corrected two citations in the same-day Decision on Remand. It became a final decision of the Commission 40 days after issuance because the Commission did not direct review (30 U.S.C. § 823(d)(1)). 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

Judge Jerold Feldman issued this order to correct two typographical errors in the Decision on Remand released the same day in Scott McGlothlin's discrimination case against Dominion Coal. The corrected citation for the Decision on Relief on page 3 is 38 FMSHRC 255, 268 (Feb. 2016) (ALJ). The corrected page reference for that decision in footnote 9 is 38 FMSHRC at 258. The order made no other change to the remand decision or its award of additional attorney fees.

Decision snapshot

  • Cited standard: None.
  • Outcome: Two reporter citations in the August 30, 2016 Decision on Remand were corrected.
  • Key point: The order changes citation references only and leaves the underlying fee ruling intact.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY
AND HEALTH REVIEW COMMISSION

OFFICE OF
ADMINISTRATIVE LAW JUDGES

1331 Pennsylvania
Avenue NW, Suite 520N

Washington, D.C. 20004

August 30, 2016

SCOTT D. MCGLOTHLIN,

Complainant,

v.

DOMINION COAL CORPORATION,

Respondent.

DISCRIMINATION PROCEEDING

Docket No. VA 2014-233-D

NORT-CD-2013-04

Mine: Dominion No. 7

Mine ID: 44-06499

ORDER
CORRECTING TYPOGRAPHICAL ERROR

Before:                       Judge Feldman

This Order corrects typographical errors in the
Decision on Remand issued on this date, reflecting that the citation on Page 3
for the Decision on Relief in this matter should read “38 FMSHRC 255, 268 (Feb.
2016)(ALJ)” and the citation on Page 7, Footnote 9, for the Decision on Relief
should read “38 FMSHRC at 258”.

/s/ Jerold
Feldman

Jerold
Feldman

Administrative
Law Judge    

Distribution:

Evan B. Smith, Esq., Wes Addington, Esq., Appalachian
Citizens Law Center, Inc.,         317 Main Street, Whiteburg, KY 41858

Tony Oppegard, Esq., P.O. Box 22446, Lexington, KY 40522

David Hardy, Esq., Scott Wickline, Esq., Hardy Pence PLLC,
500 Lee Street East, Suite 701, P.O. Box 2548, Charleston, WV 25329

/acp

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