Ezel / Agency Decisions / WEST 89-79-D

Black Pine Mining Company (ALJ decision, April 30, 1990)

Black Pine Mining Company (FMSHRC WEST 89-79-D): Discrimination proceeding dismissed after settlement

Decision type
ALJ decision
Docket
WEST 89-79-D
Decided
April 30, 1990
Presiding judge
August F. Cetti
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-16
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

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 final order dismissed the discrimination proceeding after the Secretary advised that the settlement terms had been fully completed. It was subject to Commission review under the 40-day rule in 30 U.S.C. § 823(d)(1). It binds the parties but is not binding on the Commission in other cases. 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

Jack Winninghoff brought a Mine Act discrimination proceeding against Black Pine Mining Company. After the parties' settlement terms were fully completed, Judge August F. Cetti dismissed the case with prejudice. The order ended the proceeding and did not address the merits of the discrimination claim.

Decision snapshot

  • Cited standards: None stated.
  • Outcome: The discrimination proceeding was dismissed with prejudice after settlement compliance.
  • Key point: A completed settlement can end a discrimination proceeding through a final dismissal with prejudice.

Full text (FMSHRC public release)

CCASE:
JACK WINNINGHOFF (MSHA) V. BLACK PINE MINING
DDATE:
19900430
TTEXT:

Page 2

~897

FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION DENVER, COLORADO
April 30, 1990

SECRETARY OF LABOR,
DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. WEST 89-79-D
ON BEHALF OF
JACK WINNINGHOFF,
Black Pine Mine
Complainant
v.

BLACK PINE MINING COMPANY,
Respondent

FINAL ORDER DISMISSING PROCEEDING WITH PREJUDICE

Before: Judge Cetti

In accordance with my Decision approving Settlement of March 27, 1990, the Secretary, having advised that the settlement terms have been fully complied with by Respondent, this proceeding is dismissed with prejudice.

August F. Cetti
Administrative Law Judge
Distribution:

Tina Gorman, Esq., Office of the Solicitor, U.S. Department of Labor,
4015 Wilson Boulevard, Arlington, VA 22203 (Certified Mail)

Ann R. Klee, Esq., Thomas C. Means, Esq., Crowell & Moring,
1001 Pennsylvania Avenue, N.W., Washington, D.C. 20004-2505 (Certified
Mail)

Gary W. Callahan, Esq., Black Pine Mining Company, c/o Western Gold
Exploration and Mining Company, Building 4, Suite 350, 1536 Cole Boulevard,
Golden, CO 80401 (Certified Mail)

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