Secretary of Labor (MSHA) v. Glinn Arno Gates and Peter G. Johnstone (ALJ decision, July 30, 1984)

Plain-English summary

MSHA alleged that Glinn Arno Gates and Peter G. Johnstone, agents of Anamax Mining Company, knowingly participated in a violation of a mine safety standard at the Twin Buttes Mine. During the hearing, the parties proposed a settlement. Gates agreed to pay $800 without admitting liability, and the case against Johnstone would be dismissed without a penalty. Judge Virgil E. Vail found the settlement reasonable and in the public interest, approved it, and dismissed Johnstone's case. He ordered Gates to pay within 40 days, after which his proceeding would be dismissed. Anamax had already paid an uncontested $8,000 penalty for the underlying citation.

Decision snapshot

• Cited standard: 30 C.F.R. § 55.16-14(b).
• Outcome: $800 penalty approved for Gates; Johnstone's case dismissed without penalty.
• Key point: The individual agent proceedings settled without Gates admitting liability.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES
333 W. COLFAX AVENUE. SUITE 400 JUL 30 1984 DENVER, COLORADO 80204

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA), : Docket No. WEST 83-31-M
Petitioner : A.C. No. 02-00850-05502 A
: Docket No. WEST 83-32-M
v. : A.C. No. 02-00850-05503 A
:
GLINN ARNO GATES, and : Anamax Mining Company-Twin
PETER G. JOHNSTONE, : Buttes Mine (Sulfide Mill and
Respondents : Related Activities)

DECISION
Appearances: J. Philip Smith, Esq., Office of the Solicitor, U.S. Department of Labor, Arlington, Virginia, for Petitioner;
William G. Walker, Esq., Stompoly and Even, Tucson, Arizona, for Respondents.
Before: Judge Vail
The above consolidated cases arose upon complaints filed by the Secretary of Labor, under section 110(c) of the Federal Mine Safety and Health Act of 1977 (the Act), 30 U.S.C. § 820(c), against respondents Glinn Ar'no Gates and Peter G. Johnstone. The Secretary alleged the respondents, acting as agents of Anamax Mining Company within the scope of section 110(c) of the Act, knowingly authorized, ordered, or carried out Anamax's violation of '30 C.F.R. § 55.16-14(b) cited in MSHA Citation No. 599853.
"Respondents filed answers denying the charges and the above matter came on for evidentiary hearing on June 6, 1984, in Tucson, Arizona. During a recess on the second day of the hearing, the parties negotiated a settlement which they presented for approval. Based upon the record of the case up to that time and the.representations of the parties, the proposed settlement was tentatively approved subject to submission of a joint motion of settlement and for dismissal of these cases.
The joint motion for settlement was received on July 20, 1984, and represents in material parts the following:
1. The corporate operator paid an uncontested civil penalty assessment of $8,000 for the violation cited in Citation No, 599853.. 2. During the hearing on June 7, 1984, the respondent's attorney proposed the following settlement and disposition of the subject cases: a. That, without admitting liability, respondent Glinn Arno Gates under Docket No. WEST 83-31-M agrees to pay a civil penalty assessment of $800 for the violation of 30 C.F.R. § 55.16-14(b); and b. That the case against respondent Peter G. Johnstone, Docket No. WEST 83-32-M, be dismissed without a civil penalty assessment. c. This stipulation of proposed settlement by the parties is in keeping with the Commission's decisions in Secretary of Labor (MSHA) v. Central Ohio Coal Company, 4 FMSHRC 1000 (1982), and Secretary of Labor v. Amax Lead Company of Missouri, 4 FMSHRC 975 (1982).
d. Both parties agree to bear their own respective costs of litigation in these cases',
CONCLUSION
After careful review and consideration of the pleadings, arguments, trial record, and submissions in support of the joint motion to approve the proposed settlement of these cases, I conclude and find that the proposed settlement disposition is reasonable and in the public interest. Accordingly, pursuant to 29 C.F.R. § 2700.30, the joint motion of the parties is GRANTED and the settlement is APPROVED.
ORDER
Therefore, IT IS ORDERED
1. That the complaint against respondent Peter G. Johnstone under Docket No. WEST 83-32-M is dismissed without a civil penalty assessment.
2. Respondent Glinn Arno Gates is ORDERED to pay a civil penalty in the amount of $800 in satisfaction of the complaint filed in Docket No. WEST 83-31-M within forty (40) days of the date of this decision and order, and upon receipt of payment by the petitioner, this proceeding is DISMISSED.

Virgil E. Vail
Administrative Law Judge

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Distribution:
J. Philip Smith, Esq., Office of the Solicitor, U.S. Department of Labor, 4015 Wilson Boulevard, Arlington, Virginia 22203 (Certified Mail) William G. Walker, Esq., Stompoly & Even, United Bank Plaza,, Magdalena Building, Suite 370, 120 West Broadway, Tucson, Arizona 85701 (Certified Mail)

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