Ezel / Agency Decisions / WEST 79-349-DM

Secretary of Labor (MSHA) on behalf of Johnny N. Chacon v. Phelps Dodge Corporation (Commission decision, September 29, 1983)

Secretary of Labor (MSHA) on behalf of Johnny N. Chacon v. Phelps Dodge Corporation (FMSHRC WEST 79-349-DM): ALJ relief reinstated after court remand

Decision type
Commission decision
Docket
WEST 79-349-DM
Decided
September 29, 1983
Outcome
Other
Precedential status
Citable Commission precedent
Checked against source
2026-10-21
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this precedent to your situation

This is citable Commission precedent from 1983, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Currency note: this decision dates from 1983
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.
Decision of the Commission
After a court of appeals reversed the Commission's earlier ruling and remanded the discrimination case, the Commission reinstated the judge's decision and ordered compliance within 30 days. This is a Commission order carrying out the court's judgment. 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

A court of appeals reversed the Commission's earlier decision in Johnny Chacon's discrimination case against Phelps Dodge Corporation and sent the matter back. The Commission then reinstated the administrative law judge's decision. That reinstated relief included expungement, back pay with interest, and a civil penalty assessment. The Commission ordered compliance within 30 days. This is a discrimination remedy order rather than a ruling on contested safety citations; the order does not state the monetary amounts.

Decision snapshot

  • Governing authority: The court's remand judgment; this order does not number a Mine Act provision.
  • Outcome: ALJ decision reinstated, including expungement, back pay, interest, and civil penalty; compliance due in 30 days.
  • Key point: The Commission restored the judge's relief after the court reversed its earlier decision.

Full text (FMSHRC public release)

CCASE:
JOHNNY CHACON (MSHA) V. PHELPS DODGE
DDATE:
19830929
TTEXT:

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION WASHINGTON, DC
September 29, 1983

SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),

on behalf of JOHNNY N. CHACON

v. Docket No. WEST 79-349-DM

PHELPS DODGE CORPORATION

ORDER

In Raymond J. Donovan, Secretary of Labor, on behalf of Johnny N. Chacon v. Phelps Dodge Corporation, No. 81-2300, D.C. Cir., June 7, 1983, the Court reversed the Commission's decision and remanded this discrimination case to the Commission for disposition consistent with the Court's decision. On September 15, 1983, we received from the Court the certified copy of its opinion and judgment.

Pursuant to the Court's judgment and order, the decision of the administrative law judge is hereby reinstated, including his order of expungement, award of back pay and interest, and his civil penalty assessment. Compliance shall be within 30 days of the issuance of this order.

Rosemary M. Collyer, Chairman

Richard V. Backley, Commissioner

Frank F. Jestrab, Commissioner
A. E. Lawson, Commissioner

L. Clair Nelson, Commissioner

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