Ezel / Agency Decisions / WEST 91-2250DM

N.A. Degerstrom, Inc. (ALJ decision, September 14, 1992)

N.A. Degerstrom, Inc. (FMSHRC WEST 91-2250DM): Discrimination case dismissed after settlement

Decision type
ALJ decision
Docket
WEST 91-2250DM
Decided
September 14, 1992
Presiding judge
John J. Morris
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-15
Cited standards
30 U.S.C. § 815(c) 29 C.F.R. § 2700.11
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1992 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 1992
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 approving a settlement, 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

Roger Vogt brought a discrimination proceeding against N.A. Degerstrom, Inc. and Zortman Mining, Inc. The parties reached an amicable settlement and jointly moved to dismiss the proceedings with prejudice. Judge John J. Morris found good cause and granted the motion, dismissing the case. The order did not decide the underlying discrimination allegations.

Decision snapshot

  • Governing provisions: 30 U.S.C. § 815(c); 29 C.F.R. § 2700.11
  • Outcome: The discrimination proceeding was dismissed with prejudice after the parties reached a settlement.
  • Key point: A settlement dismissal ends the proceeding without a merits ruling on the underlying discrimination allegations.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1244 SPEER BOULEVARD l280
DENVER, CO 80204-3582
(303) 844-5266/FAX (303) 844-5268

SEP 141992
ROGER VOGT, : DISCRIMINATION PROCEEDING
Complainant :
: Docket No. WEST 91-2250DM
v. : RM MD 92-02
:
N.A. DEGERSTROM, INC., and :
ZORTMAN MINING, INC., :
Respondent :

Before: Judge Morris
All parties herein reached an amicable settlement and a motion to dismiss these proceedings with prejudice was filed.
For good cause shown, the motion to dismiss is GRANTED and the case is DISMISSED.

Jiigqj?y dminist tive Law Judge

Distribution:
Paul R. Haffeman, Esq., CURE, BORER 61 DAVIS, P.C., P.O. Box 2103,
Great Falls, MT 59403-2103 (Certified Mail)
Michael D. Cok, Esq., COK 61 WHEAT, 108 West Babcock, P.O. Box
1105, Bozeman, MT 59771-1105 (Certified Mail)
Thomas E. Hattersley III, Esq., GOUGH, SHANAHAN, JOHNSON t
WATERMAN, 301 First National Bank Building, P.O. Box 1715,
Helena, MT 59624-1715 (Certified Mail)
ek

1625

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