Ezel / Agency Decisions / WEST 83-117-D

Donald F. Wiggins v. Colowyo Coal Company (ALJ decision, September 24, 1984)

Donald F. Wiggins v. Colowyo Coal Company (FMSHRC WEST 83-117-D): Discrimination cases settled and dismissed

Decision type
ALJ decision
Dockets
WEST 83-117-D, WEST 84-133-D
Decided
September 24, 1984
Presiding judge
John A. Carlson
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-10-20
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1984 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 1984
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 order, not Commission precedent
This decision by a FMSHRC Administrative Law Judge became the final decision of the Commission 40 days after issuance because the Commission did not direct review (30 U.S.C. § 823(d)(1)). 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

Donald F. Wiggins and Colowyo Coal settled two consolidated discrimination cases. The company agreed to pay Wiggins $15,000 toward moving costs and his wages and accrued unused vacation pay through September 17, 1984. Wiggins agreed to resign effective that date and release claims arising from his employment. The company did not admit a Mine Act violation. Judge John A. Carlson approved the settlement and dismissed both cases with prejudice.

Decision snapshot

  • Cited standards: None identified in the settlement decision.
  • Outcome: Settlement approved; both cases dismissed with prejudice. The company agreed to pay $15,000 for moving costs plus specified wages and vacation pay.
  • Key point: The judge approved the parties' agreement without a finding that Colowyo violated the Mine Act.

Full text (FMSHRC public release)

CCASE:
DONALD WIGGING V. COLOWYO COAL
DDATE:
19840924
TTEXT:

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

DONALD F. WIGGINS,
DISCRIMINATION PROCEEDINGS
COMPLAINANT
v. Docket No. WEST 83-117-D
MSHA Case No. DENV CD 83-20
COLOWYO COAL COMPANY,
Docket No. WEST 84-133-D
RESPONDENT
MSHA Case No. DENV CD 84-6

DECISION APPROVING SETTLEMENT

Before: Judge Carlson

The parties have submitted a settlement agreement in this consolidated discrimination case. In view of the settlement of all issues, the complainant, joined by the respondent, moves for dismissal of the proceeding, with prejudice.

Under the terms of the agreement, respondent agrees to pay to the complainant the sum of $15,000 to cover the costs of moving his family and further agrees to pay all wages and accrued but unused vacation pay through September 17, 1984. Respondent admits no violation of the Mine Safety and Health Act of 1977 or any regulation promulgated thereunder.

Complainant, on the other hand, resigns his employment with respondent effective September 17, 1984, waives and releases all claims arising out of his employment with respondent, and agrees to other conditions which need not be recited here.

Having reviewed the file and considered the circumstances, I conclude that the settlement should be approved in its entirety. Accordingly, respondent's motion is granted, the settlement is approved, and Dockets WEST 83-117-D and WEST 84-133-D are dismissed with prejudice.

SO ORDERED.

John A. Carlson
Administrative Law Judge

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