Ezel / Agency Decisions / west-88-144-d-alj
FMSHRC ALJ decision Docket WEST 88-144-D Decided July 25, 1988 Settled Judge Michael A. Lasher, Jr.

Cyprus-Plateau Mining Corporation

Cyprus-Plateau Mining Corporation (FMSHRC WEST 88-144-D): Discrimination proceeding dismissed after settlement

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This order from 1988 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 1988
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 under the Mine Act's 40-day rule
This administrative law judge decision became a final decision of the Commission because no Commissioner directed review within 40 days, under 30 U.S.C. § 823(d)(1). It is binding on 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

Irvin L. Gagon brought a discrimination proceeding against Cyprus-Plateau Mining Corporation involving the Starpoint No. 2 Mine. The parties submitted a settlement agreement dated July 18, 1988, which Judge Michael A. Lasher, Jr. approved. The proceeding was dismissed with prejudice, with each party bearing its own costs.

Decision snapshot

  • Governing provisions: None stated in the decision.
  • Outcome: The discrimination proceeding was dismissed with prejudice after the settlement was approved.
  • Key point: The ALJ approved the parties' settlement and ended the proceeding without ruling on the underlying allegations.

Full text (FMSHRC public release)

CCASE:
I.L. GAGON V. CYPRUSÄPLATEAU MINING
DDATE:
19880725
TTEXT:

Page 2

~922
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.)
Office of Administrative Law Judges

IRVIN L. GAGON, DISCRIMINATION PROCEEDING
COMPLAINANT
v. Docket No. WEST 88-144-D

CYPRUSÄPLATEAU MINING CORPORATION, DENV CD 88-4
RESPONDENT
Starpoint No. 2 Mine

                       DECISION APPROVING SETTLEMENT

Before: Judge Lasher

 The parties have reached a resolution of this matter without

the necessity of litigation. Pursuant thereto, the parties
through counsel have submitted a Stipulation and Settlement
Agreement dated July 18, 1988, the terms of which are here
approved.

 Pursuant to the agreement of the parties, this proceeding is

dismissed with prejudice with each party to bear his (its) own
costs.

                                          Michael A. Lasher, Jr.
                                          Administrative Law Judge

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