Ezel / Agency Decisions / VA 86-23-D

Westmoreland Coal Company (ALJ decision, January 21, 1987)

Westmoreland Coal Company (FMSHRC VA 86-23-D): Discrimination complaint dismissed after settlement

Decision type
ALJ decision
Docket
VA 86-23-D
Decided
January 21, 1987
Presiding judge
James A. Broderick
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-22
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 approving a settlement, 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.
Read the official release (fmshrc.gov)

Plain-English summary

The Secretary of Labor filed a discrimination complaint on behalf of Sam Ball, a miners' walkaround representative, against Westmoreland Coal Company. Under the settlement, Westmoreland agreed not to discriminate against miners or miners' representatives in job assignments because of that status and agreed to post the settlement for 60 days. After counsel certified that the agreement had been posted, Judge James A. Broderick granted the motion to withdraw the complaint and dismissed the proceeding.

Decision snapshot

  • Cited standards: None stated in the decision.
  • Outcome: The settlement-based motion to withdraw the discrimination complaint was granted, and the proceeding was dismissed.
  • Key point: Posting and compliance with the settlement agreement supported dismissal of the discrimination proceeding.

Full text (FMSHRC public release)

CCASE:
MSHA (SAM BALL) V. WESTMORELAND COAL
DDATE:
19870121
TTEXT:

Page 2

~115

FMSHRC-FCV
JAN 21, 1987

SECRETARY OF LABOR,
DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. VA 86-23-D ON BEHALF OF SAM BALL,
Complainant
NORT CD 85-9
v.

WESTMORELAND COAL COMPANY,
Respondent

ORDER OF DISMISSAL

Before: Judge Broderick

On November 4, 1986, the Secretary filed a motion to withdraw the complaint, based on a settlement agreement between the parties. Respondent supported the motion. By the settlement agreement, Respondent agreed not to discriminate against any miner or representative of miners in violation of the Act, and, in particular agreed not to discriminate against Sam Ball or any other miner in making job assignments because of their status as miners' walkaround representatives. Respondent agreed to post a copy of the settlement agreement for a period of 60 days.

On January 8, 1987, counsel for Respondent certified that the settlement agreement had been posted by Respondent for a period of 60 days.

Accordingly, the motion to withdraw the complaint pursuant to the settlement agreement is GRANTED, and this proceeding is DISMISSED.

James A. Broderick
Administrative Law Judge

Page 3

~116
Distribution:

Mark R. Malecki, Esq., U.S. Department of Labor, Office of the Solicitor, 4015 Wilson Blvd., Arlington, VA 22203 Certified Mail)

Thomas C. Means, Esq., Crowell & Moring, 1100 Connecticut Ave., N.W., Washington, D.C. 20036 (Certified Mail)

Sam Ball, Rt. 1, Box 197, St. Charles, VA 24282 (Certified Mail)

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