Ezel / Agency Decisions / west-2014-905-dm-alj

Secretary of Labor obo Cheryl Garcia v. Veris Gold, Inc., and its successors (ALJ decision, July 14, 2016)

Secretary of Labor obo Cheryl Garcia v. Veris Gold, Inc., et al. (FMSHRC WEST 2014-905 DM): Settlement satisfaction ends discrimination case

Decision type
ALJ decision
Docket
WEST 2014-905 DM
Decided
July 14, 2016
Presiding judge
David P. Simonton
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-01
Cited standards
30 U.S.C. § 815(c)(2)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 2016 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 2016
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 under the Mine Act's 40-day rule
This administrative law judge decision became a final decision of the Commission because no Commissioner directed review within 40 days, under 30 U.S.C. § 823(d)(1). It is binding on 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 brought a Mine Act discrimination complaint on behalf of Cheryl Garcia against Veris Gold USA and its successors. An earlier conditional order provided that the case would be dismissed with prejudice and a September 2015 default order would be vacated once the parties confirmed full satisfaction of their private settlement. Counsel for both sides reported that the settlement terms had been completed and satisfied. The Judge therefore vacated the default order and dismissed the discrimination case with prejudice.

Decision snapshot

  • Governing provision: 30 U.S.C. § 815(c)(2)
  • Outcome: The September 21, 2015 default order was vacated and the discrimination proceeding was dismissed with prejudice after settlement satisfaction.
  • Key point: The document records completion of the private settlement but does not state its terms.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY
AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES

721 19th St. Suite 443

Denver, CO 80202-2500

TELEPHONE: 303-844-5266 / FAX: 303-844-5268

July 14, 2016

SECRETARY
OF LABOR, MSHA, on behalf of CHERYL GARCIA,

Complainant,

v.

VERIS
GOLD USA, INC., and its

successors,

Respondent.

DISCRIMINATION
PROCEEDING

Docket
No. WEST 2014-905-DM

WE
MD 14-16

Jerritt
Canyon Mill

Mine
ID 26-01621

ORDER OF DISMISSAL

ORDER VACATING DEFAULT ORDER

Before:
Judge Simonton

This
case is before me upon a discrimination complaint filed pursuant to section 105(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 815(c)(2), by the Secretary of Labor on behalf of Ms. Cheryl Garcia (Complainant) against Veris Gold USA, Inc. (Respondent).

On
July 11, 2016, this court issued an Amended Order Conditionally Approving Withdrawal Motion and Order Conditionally Vacating Default Order stating that this matter would be dismissed with prejudice and the September 21, 2015 Default Order would be vacated after confirmation of full satisfaction of the parties’ private settlement agreement. July 11, 2016 Order. On July 12, 2016, counsel for the Complainant and Respondent represented that the terms of the settlement agreement had been completed and satisfied.

Accordingly,
the September 21, 2015 Default Order is VACATED and this matter is DISMISSED with prejudice.

/s/ David P. Simonton

David P. Simonton

Administrative Law Judge

Distribution:
(U.S. First Class Mail)

Brad
Mantel, U.S. Department of Labor, Office of the
Solicitor, Division of Mine Safety and Health, 201 12th Street South, Suite 401, Arlington, VA 22202

Niamh E.
Doherty, Office of the Solicitor, U.S Department of Labor, 350 S. Figueroa Street, Suite 370, Los Angeles, CA 90071

Cheryl
Garcia, 450 Castle Crest Dr., Spring Creek, NV 89815

Mark
R. Kaster, Dorsey & Whitney LLP, Counsel for Jerritt Canyon Gold, 50 South Sixth Street, Suite 1500, Minneapolis, MN 55402

Annette
Jarvis, Dorsey & Whitney LLP, Counsel for Jerritt Canyon Gold, 136 South Main Street, Suite 1000, Salt Lake City, UT 84101

Shaun
Heinrichs, Veris Gold, 688 West Hastings Street, Suite 900, Vancouver, BC V6B 1P1, Canada

Cathy
L. Reece, Counsel for Whitebox Management, LLC, 2394 East Camelback Rd., Ste. 600, Phoenix, AZ 85016

Tevia
Jeffries, Dentons Canada LLP, Counsel for Bankruptcy Monitor, 250 Howe Street, 20th Floor, Vancouver, BC V6C 3R8, Canada

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