Ezel / Agency Decisions / VA 81-44-D

Secretary of Labor on behalf of Otis G. Lawson v. Paramont Mining Corp. (ALJ decision, June 11, 1981)

Secretary of Labor on behalf of Otis G. Lawson v. Paramont Mining Corp. (FMSHRC VA 81-44-D): $3,500 discrimination settlement approved

Decision type
ALJ decision
Docket
VA 81-44-D
Decided
June 11, 1981
Presiding judge
Joseph B. Kennedy
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-10-22
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1981 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 1981
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

The Secretary asked to withdraw a discrimination complaint brought on behalf of miner Otis Lawson against Paramont Mining Corp. Lawson and Paramont had reached an agreement that included a release of the discrimination claim. Judge Joseph B. Kennedy independently reviewed the settlement and found it consistent with the Mine Act's purposes and policy. He approved it, ordered Paramont to pay Lawson $3,500 promptly, and dismissed the matter subject to payment. The order does not state the underlying facts of Lawson's complaint.

Decision snapshot

  • Cited standards: None stated in this settlement order.
  • Outcome: Settlement approved; Paramont ordered to pay Lawson $3,500, with dismissal subject to payment.
  • Key point: The judge approved the withdrawal after independently reviewing the 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

JUN 11 1981

SECRETARY OF LABOR,
: Complaint of Discrimination
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA),
: Docket No. VA 81-44-D
ON BEHALF OF OTIS G. LAWSON,
:
Complainant
: Deep Mine No. 7
:
v. :
:
PARAMONT MINING CORP.,
:
Respondent
:

DECISION AND ORDER

The Secretary moves to withdraw the captioned discrimination com- plaint on the ground that the complaining miner has entered into a settlement agreement with respondent. This agreement includes a release of the discrimination claim and a consent to dismissal of the captioned complaint..

Based on an independent evaluation and de novo review of the circumstances, I conclude the settlement agreement is in accord with the purposes and policy of the Act.

Accordingly, it is ORDERED that the same be, and hereby is, APPROVED. It is FURTHER ORDERED that respondent pay Mr. Lawson the amount of the settlement agreed upon, $3,500, forthwith and that subject to payment the captioned matter be DISMISSED.

Joseph B. Kennedy
Administrative Law Judge

Distribution:

Covette Rooney, Esq., U.S. Department of Labor, Office of the Solicitor, 3535 Market St., Philadelphia, PA 19104 (Certified Mail)

Michael T. Heenan, Esq., Smith, Heenan, Althen, Zanolli, 1110 Vermont Ave., NW, Washington, DC 20005 (Certified Mail)

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