Ezel / Agency Decisions / WEST 83-86-DM

Bobby W. Campbell v. Daniels Construction Company (ALJ decision, April 16, 1985)

Bobby W. Campbell v. Daniels Construction Company (FMSHRC WEST 83-86-DM): Discrimination case settled

Decision type
ALJ decision
Docket
WEST 83-86-DM
Decided
April 16, 1985
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 1985 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 1985
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, not Commission precedent
This settlement approval became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because no later Commission review appears in the official index for this docket. 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

Bobby W. Campbell and Daniels Construction Company settled a discrimination proceeding arising from the end of Campbell's employment. Daniels agreed to pay Campbell an amount the decision does not disclose. Campbell agreed to withdraw his complaint, release the company from claims, and not seek work with Daniels or its subsidiaries or divisions. Daniels did not admit a violation. Judge John A. Carlson approved the agreement and ordered payment, after which the remaining terms would take effect and the proceeding would be dismissed with prejudice.

Decision snapshot

  • Cited standards: None identified in the decision.
  • Outcome: Settlement approved; dismissal with prejudice to follow payment of an undisclosed amount.
  • Key point: The settlement resolved the claim without an admission of a violation.

Full text (FMSHRC public release)

CCASE:
BOBBY W. CAMPBELL V. DANIELS CONSTRUCTION DDATE: 19850416 TTEXT:
~570
Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

BOBBY W. CAMPBELL,
DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. WEST 83-86-DM v.
MSHA Case No. MD 83-15
DANIELS CONSTRUCTION COMPANY,
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Carlson

The parties, through counsel, have filed a stipulation which settles all matters at issue in this discrimination proceeding.

At the center of the settlement is an agreement by the respondent to pay a sum of money to complainant in return for which complainant agrees not to seek employment with respondent or its subsidiaries or divisions, and in which complainant agrees to withdraw his complaint and to release respondent from any and all claims.

The parties further stipulate that respondent admits no violation of the Federal Mine Safety Act or any other law, state or federal, in terminating complainant's employment.

I conclude that the proposed settlement should be approved in all respects. Respondent shall therefore pay to complainant, with dispatch, the monies agreed upon, whereupon all other provisions of the settlement shall be deemed in effect, and this proceeding shall be dismissed with prejudice.

SO ORDERED.

John A. Carlson
Administrative Law Judge

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