Ezel / Agency Decisions / WEST 81-170-DM

Secretary of Labor (MSHA) on behalf of Roger T. Mahoney v. Gilbert Corporation of Delaware, Inc. (ALJ decision, October 6, 1981)

Mahoney v. Gilbert Corporation of Delaware (FMSHRC WEST 81-170-DM): Discharge complaint settled

Decision type
ALJ decision
Docket
WEST 81-170-DM
Decided
October 6, 1981
Presiding judge
Jon D. Boltz
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-10-22
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1981 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 1981
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 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

Roger T. Mahoney brought a mine safety discharge and discrimination complaint against Gilbert Corporation of Delaware, Inc. The parties agreed to settle without a hearing. Judge Jon D. Boltz approved their agreement after finding it consistent with the Mine Act. He ordered the company to pay Mahoney $500 for lost back wages within 40 days and remove adverse references related to his discharge from his employment record. The order makes no finding on whether discrimination occurred.

Decision snapshot

  • Governing issue: Settlement of a mine safety discharge and discrimination complaint.
  • Outcome: Settlement approved; $500 in back wages and removal of adverse employment record references ordered.
  • Key point: The parties resolved the complaint without a formal hearing.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. GILBERT
DDATE:
19811006
TTEXT:
~2312

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

SECRETARY OF LABOR, MINE SAFETY AND COMPLAINT OF DISCHARGE, HEALTH ADMINISTRATION (MSHA), ON DISCRIMINATION OR INTERFERENCE BEHALF OF ROGER T. MAHONEY, DOCKET NO. WEST 81-170-DM
COMPLAINANT
v. MINE: C-b Oil Shale Tract

GILBERT CORPORATION OF DELAWARE,
INC.,
RESPONDENT

DECISION AND ORDER APPROVING SETTLEMENT AND DIRECTING PAYMENT

On October 1, 1981, a motion to approve settlement was filed with the Commission. All parties to the above-captioned proceeding agree to the settlement. By stipulation and motion, the parties propose to settle this proceeding without a formal hearing.

Upon due consideration, I conclude that the agreement is consistent with the purposes of the Act and should be approved.
Accordingly, it is ORDERED that within 40 days of the date of this Decision that Respondent shall tender to Roger T. Mahoney the sum of $500.00 for loss of back wages and expunge from his employment record any adverse references relating to his discharge.

Jon D. Boltz
Administrative Law Judge

What applies to your situation today?

This order bound one employer. Ezel checks the current MSHA standards and Commission precedent against your facts, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace