Edwin Webber v. Harrison Western Corp. (ALJ decision, October 13, 1983)

Plain-English summary

Edwin Webber brought a Mine Act discrimination case against Harrison Western Corp. After a hearing, Judge Joseph B. Kennedy entered a tentative bench decision in Webber's favor. The parties then proposed a settlement, which the judge found served Webber's interests and the Act's remedial purposes. He approved it, ordered the operator to pay Webber $22,000, and directed dismissal subject to payment. The brief decision does not describe the underlying alleged discrimination or the settlement's other terms.

Decision snapshot

• Cited standard(s): None identified in this decision.
• Outcome: Settlement approved; $22,000 payable to Webber, with dismissal subject to payment.
• Key point: The judge approved the parties' agreement after considering the trial record and his tentative decision.

Full text (FMSHRC public release)

CCASE:
EDWIN WEBBER V. HARRISON WESTERN
DDATE:
19831013
TTEXT:
~1797

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

EDWIN WEBBER,
DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. WEST 82-195-DM v.

HARRISON WESTERN CORP.,
RESPONDENT

DECISION

Appearances: Terris & Sunderland, Washington, D.C., Attorneys for Complainant Dennis J. Conroy, Esq., Watkiss & Campbell, Salt Lake City, Utah, for Respondent

Before: Judge Kennedy

This matter came on for an evidentiary hearing in Salt Lake City, Utah in May 1983. After trial and entry of a tentative bench decision in favor of complainant, the parties moved for approval of a stipulation for settlement.(FOOTNOTE 1) Based on a consideration of the circumstances set forth in the trial record, the tentative decision and the parties stipulation, I find the settlement proposed is in the best interest of complainant and in accord with the remedial purposes of the Act.

Accordingly, it is ORDERED that the motion to approve settlement be, and hereby is, GRANTED. It is FURTHER ORDERED that the operator forthwith pay the sum of $22,000 to complainant, Edwin K. Webber, and that subject to payment the captioned matter be DISMISSED.

Joseph B. Kennedy
Administrative Law Judge

FOOTNOTE START HERE-

1 Because the complainant appeared at the trial pro se, the presiding judge assumed responsibility for fully developing the record. See Heckler v. Campbell, _ U.S. _, 51 L.W. 4561, 4564, n. 1, 76 L. Ed. 2d 66, 77, n. 1; Lashley v. Secretary of Health and Human Services, 708 F.2d 1048, 1051-1052 (6th Cir. 1983). Subsequent to trial, the complainant obtained the pro bono services of counsel who filed a brief in support of the tentative decision and negotiated the settlement.