Ezel / Agency Decisions / VA 87-29-D

Adkins Coal Corporation (ALJ decision, November 13, 1987)

Adkins Coal Corporation (FMSHRC VA 87-29-D): Discrimination proceeding dismissed after settlement

Decision type
ALJ decision
Docket
VA 87-29-D
Decided
November 13, 1987
Presiding judge
Gary Melick
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-20
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 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

The Secretary of Labor filed a discrimination complaint on behalf of Jerry Rife against Adkins Coal Corporation. The parties, including Rife, agreed to settle the case. Judge Gary Melick approved the settlement and dismissed the proceeding.

Decision snapshot

  • Governing provisions: None stated in the release.
  • Outcome: The settlement was approved, and the discrimination proceeding was dismissed.
  • Key point: The judge approved a settlement reached by the Secretary, the employee, and the operator.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. ADKINS COAL
DDATE:
19871113
TTEXT:

Page 2

~1947

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

SECRETARY OF LABOR,
DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. VA 87-29-D
ON BEHALF OF
Sol. No. 87-29617
JERRY RIFE
COMPLAINANT
No. 1 Mine
v.
ADKINS COAL CORPORATION,
RESPONDENT

DECISION APPROVING SETTLEMENT
Before: Judge Melick

This case is before me upon a Complaint of Discrimination filed by the Secretary of Labor on behalf of Jerry Rife. The parties including the individual Complainant have agreed to settle the case.

WHEREFORE, the motion for approval of settlement are GRANTED, and this case dismissed.

Gary Melick
Administrative Law Judge
(703) 756Ä6261

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