Ezel / Agency Decisions / west-86-179-dm-alj
FMSHRC ALJ decision Docket WEST 86-179-DM Decided August 3, 1987 Settled Judge Michael A. Lasher, Jr. Transcribed from scan

Robert H. Cheyney

Robert H. Cheyney (FMSHRC WEST 86-179-DM): Discrimination settlement approved

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This order from 1987 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 1987
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.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

Plain-English summary

Robert H. Cheyney and Hecla Mining Company reached a settlement of a discrimination proceeding under the Federal Mine Safety and Health Act. The company agreed to pay Cheyney $300, without admitting a violation, and Cheyney agreed to accept the payment in full satisfaction of his rights and withdraw the complaint. Judge Michael A. Lasher, Jr. approved the settlement and dismissed the case with prejudice.

Decision snapshot

  • Governing provision: The decision arises under the Federal Mine Safety and Health Act but does not identify a specific standard.
  • Outcome: The settlement was approved, Hecla Mining was ordered to pay $300, and the case was dismissed with prejudice.
  • Key point: An approved settlement can resolve a discrimination complaint without an admission of liability.

Full text (FMSHRC public release)

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

ROBERT H. CHEYNEY, DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. WEST 86-179-DM
v. MD 86-27

HECLA MINING COMPANY,
RESPONDENT

                   DECISION APPROVING SETTLEMENT

Before: Judge Lasher

 The parties have reached an amicable resolution of this

matter. The terms of the agreement are that Complainant, in
return for the payment of $300.00, agrees to accept the same in
full satisfaction of all rights and remedies he may have under
the Federal Mine Safety and Health Act of 1977; Respondent in no
manner admits the violation of any provisions of said Act;
Complainant withdraws the Complaint herein; and the parties
jointly move for an order dismissing these proceedings with
prejudice.

 In the premises, this settlement appears appropriate and is

approved. Accordingly, Respondent, if it has not previously done
so, is ordered to pay Complainant the sum of $300.00 immediately
upon receipt of this decision. It is further ordered that these
proceedings are dismissed with prejudice with each party to bear
his (its) own costs.

                           Michael A. Lasher, Jr.
                           Administrative Law Judge

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