Ezel / Agency Decisions / west-85-72-c-alj
FMSHRC ALJ decision Docket WEST 85-72-C Decided August 22, 1990 Settled Judge John J. Morris

Emery Mining Corporation

Emery Mining Corporation (FMSHRC WEST 85-72-C): Settlement approved and case dismissed

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This order from 1990 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 1990
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 decision 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. 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

Local Union 2176, District 22, and Emery Mining Corporation reached an amicable settlement in a compensation proceeding. Judge John J. Morris approved the settlement, dissolved the stay of the hearing, canceled the scheduled hearing, and dismissed the case.

Decision snapshot

  • Governing provisions: None stated in the release
  • Outcome: The settlement was approved and the case was dismissed.
  • Key point: An approved settlement ended the compensation proceeding without a hearing.

Full text (FMSHRC public release)

CCASE:
UMWA V. EMERY MINING
DDATE:
19900822
TTEXT:

Page 2

~1699
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.)
Office of Administrative Law Judges

LOCAL UNION 2176, DISTRICT 22 COMPENSATION PROCEEDING
UNITED MINE WORKERS OF
AMERICA (UMWA), Docket No. WEST 85-72-C
COMPLAINANT
Wilberg Mine
v.

EMERY MINING CORPORATION,
RESPONDENT

ORDER OF DISMISSAL
Before: John J. Morris

The parties have reached an amicable settlement in the above
case.

Accordingly, the following order is appropriate:

  1. The settlement agreement is approved.

  2. The order of August 28, 1987, staying the hearing herein
    is dissolved.

  3. The hearing scheduled for October 10, 1990, in Price,
    Utah is cancelled.

  4. The case is dismissed.

John J. Morris
Administrative Law Judge

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