Ezel / Agency Decisions / WEST 95-10-D

Centralia Mining Co., Inc. (ALJ decision, May 10, 1995)

Centralia Mining Co., Inc. (FMSHRC WEST 95-10-D): Discrimination settlement approved

Decision type
ALJ decision
Docket
WEST 95-10-D
Decided
May 10, 1995
Presiding judge
Richard W. Manning
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-13
Cited standards
30 U.S.C. § 815(c)(2)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1995 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 1995
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

Robbie A. Smith brought a discrimination proceeding against Centralia Mining under section 105(c)(2) of the Mine Act. After the Secretary stopped representing Smith, he represented himself and jointly settled with Centralia Mining. Judge Richard W. Manning found the Settlement Agreement and General Release reasonable and in the public interest. He approved the settlement and dismissed the discrimination proceeding.

Decision snapshot

  • Governing provision: 30 U.S.C. § 815(c)(2)
  • Outcome: The settlement agreement was approved and the discrimination proceeding was dismissed.
  • Key point: The ALJ approved a settlement after finding its terms reasonable and in the public interest.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1244 SPEER BOULEVARD #280
DENVER, CO 80204-3582
303-844-3577/FAX 303-844-5268

May 10, 1995

ROBBIE A. SMITH,
: DISCRIMINATION PROCEEDING
Complainant :
: Docket No. WEST 95-10-D
v. :
:
CENTRALIA MINING CO., INC., : Centralia Coal Mine Respondent : Mine I.D. 45-00416

DECISION APPROVING SETTLEMENT

Before: Judge Manning

This proceeding was brought by the Secretary of Labor on behalf of Robbie A. Smith under section 105(c)(2) of Federal Mine Safety and Health Act of 1977, 30 U.S.C. ' 815(c)(2). On April 5, 1995, the Secretary filed an unopposed motion to discontinue his representation of Mr. Smith. By order dated April 6, 1995, the motion was granted and Mr. Smith has represented himself in this proceeding since that date. On May 8, 1995, Mr. Smith and Centralia Mining Company filed a joint Settlement Agreement and General Release. The settlement agreement resolves all existing and potential disputes between the parties in this case arising out of the termination of Mr. Smith's employment by Centralia. I have reviewed the terms of the proposed settlement and find the settlement to be reasonable and in the public interest.

Accordingly, the terms of the settlement set forth in the Settlement Agreement and General Release are APPROVED and this discrimination proceeding is DISMISSED.

Richard W. Manning
Administrative Law Judge

Distribution:

Timothy M. Biddle, Esq., CROWELL & MORING, 1001 Pennsylvania Ave., NW Washington, DC 20004-2595

Mr. Robbie A. Smith, 943 E. Greenbrae Dr., Sparks, NV 89434 RWM

TIMOTHY M BIDDLE ESQ
CROWELL & MORING
1001 PENNSYLVANIA AVE NW
WASHINGTON DC 20004-2595

MR ROBBIE A SMITH
943 EAST GREENBRAE DRIVE
SPARKS NV 89434

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