Ezel / Agency Decisions / VA 87-1-DM

Virginia Lime Company (ALJ decision, July 15, 1987)

Virginia Lime Company (FMSHRC VA 87-1-DM): Discrimination settlement dismissed with prejudice

Decision type
ALJ decision
Docket
VA 87-1-DM
Decided
July 15, 1987
Presiding judge
Avram Weisberger
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-21
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 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

Ernest R. Lafon, Jr. and Virginia Lime Company settled all matters in a discrimination proceeding before the Commission. Counsel for both sides endorsed the settlement and requested dismissal. Judge Avram Weisberger granted that request and ordered the case dismissed with prejudice.

Decision snapshot

  • Governing provision: The order identifies a settlement but does not cite a specific safety standard.
  • Outcome: The settled discrimination case was dismissed with prejudice.
  • Key point: A settlement can resolve a discrimination proceeding through a dismissal with prejudice.

Full text (FMSHRC public release)

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

ERNEST R. LAFON, JR.,
DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. VA 87-1-DM v.
MD 86-16
VIRGINIA LIME COMPANY,
RESPONDENT Kimballton Mine

ORDER OF DISMISSAL

On July 10, 1987, Counsel for Respondent filed with the Commission an order endorsed by Counsel for Complainant which indicated that all matters in controversy between the Parties have been settled, and requested that the action be dismissed with prejudice.

Accordingly, it is ORDERED that the above case be DISMISSED with prejudice.

Avram Weisberger
Administrative Law Judge

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