Ezel / Agency Decisions / VA 84-47-C

Local Union 7950, District 28, UMWA v. Fox Ten Mining Corporation (ALJ decision, May 23, 1985)

Local Union 7950 v. Fox Ten Mining Corporation (FMSHRC VA 84-47-C): Operator ordered to pay $9,084 after settlement default

Decision type
ALJ decision
Docket
VA 84-47-C
Decided
May 23, 1985
Presiding judge
Joseph B. Kennedy
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 1985 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 1985
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 for this docket. 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.
Read the official release (fmshrc.gov)

Plain-English summary

Local Union 7950 and Fox Ten Mining had reached a settlement in a compensation proceeding involving the No. 1 Mine. Fox Ten did not show cause why it should not be found in default of that agreement. Judge Joseph B. Kennedy found the operator in default and ordered immediate payment of the full agreed $9,084. He designated this order as his final disposition of the case. The order does not describe the underlying compensation claim.

Decision snapshot

  • Cited standard: None identified in this compensation default order.
  • Outcome: Operator found in default of its settlement and ordered to pay $9,084 immediately.
  • Key point: Failure to respond to the show-cause order led the judge to enforce the full settlement amount.

Full text (FMSHRC public release)

CCASE:
LOCAL UNION 7950 (UMWA) v. FOX TEN MINING
DDATE:
19850523
TTEXT:
~754
Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

LOCAL UNION 7950, DISTRICT
COMPENSATION PROCEEDING
28, UNITED MINE WORKERS
OF AMERICA,
Docket No. VA 84-47-C
COMPLAINANT
v. No. 1 Mine

FOX TEN MINING CORPORATION,
RESPONDENT

ORDER OF DEFAULT

Before: Judge Kennedy

The operator having failed to SHOW CAUSE WHY it should not be deemed in DEFAULT of its settlement agreement of February 26, 1985, it is ORDERED that said operator be, and hereby is, determined to be in DEFAULT and to pay FORTHWITH the full amount of the settlement AGREED UPON, to wit $9,084.00.

It is FURTHER ORDERED that for the reasons set forth in counsel's letter to complainant of May 3, 1985, the ORDER TO SHOW CAUSE as to them be, and hereby is, DISCHARGED.

Finally, it is DIRECTED that this order be treated as the trial judge's final disposition in this matter.

Joseph B. Kennedy
Administrative Law Judge

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