Ezel / Agency Decisions / west-96-81-d-alj
FMSHRC ALJ decision Docket WEST 96-81-D Decided December 18, 1995 Procedural Judge T. Todd Hodgdon

Knife River Mining Company

Knife River Mining Company (FMSHRC WEST 96-81-D): Temporary economic reinstatement approved

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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 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.
Read the official release (fmshrc.gov)

Plain-English summary

Knife River Mining Company employed Arthur R. Olmstead at the Savage Mine. The Secretary of Labor, on Olmstead's behalf, sought his temporary reinstatement in a discrimination proceeding under section 105(c) of the Mine Act. The parties reached an agreement for temporary economic reinstatement, and the judge approved it. Knife River was ordered to temporarily reinstate Olmstead effective December 7, 1995, under the agreement's terms.

Decision snapshot

  • Cited provision: 30 U.S.C. § 815(c)
  • Outcome: The agreement for temporary economic reinstatement was approved, and Knife River was ordered to temporarily reinstate Olmstead.
  • Key point: The judge approved the parties' agreed temporary economic reinstatement arrangement in the pending discrimination proceeding.

Full text (FMSHRC public release)

KNIFE RIVER MINING COMPANY
December 18, 1995
WEST 96-81-D

       FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

             OFFICE OF ADMINISTRATIVE LAW JUDGES
                    2 SKYLINE, 10th FLOOR
                      5203 LEESBURG PIKE
                FALLS CHURCH, VIRGINIA  22041


                      December 18, 1995

SECRETARY OF LABOR, : DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), on : Docket Nos. WEST 96-81-D
BEHALF OF ARTHUR R. OLMSTEAD, : DENV CD 95-20
Complainant :
: Savage Mine
: Mine ID 24-00106
KNIFE RIVER MINING COMPANY, :
Respondent :

               ORDER OF TEMPORARY REINSTATEMENT

 This case is before me pursuant to Section 105(c) of

the Federal Mine Safety and Health Act of 1977,
30 U.S.C. § 815(c). On November 24, 1995, the Secretary,
on behalf of Arthur Olmstead, filed an application for
temporary reinstatement. Subsequently, the parties reached
an agreement concerning the temporary economic reinstatement
of the Complainant. A Response to Application for Temporary
Reinstatement and Agreed Order Regarding Temporary Economic
Reinstatement, memorializing that agreement, was filed on
December 11, 1995.

 Accordingly,  the  agreement  for  temporary  economic

reinstatement is APPROVED. It is ORDERED that the Complainant
shall be TEMPORARILY REINSTATED by the Knife River Mining
Company, effective December 7, 1995, in accordance with the
terms of the Agreed Order Regarding Temporary Economic
Reinstatement, which is attached to this order and whose
provisions are incorporated in this order by reference
thereto.

                          T. Todd Hodgdon
                          Administrative Law Judge

Attachment

Distribution:

Tambra Leonard, Esq., Office of the Solicitor, U.S. Department
of Labor, 1999 Broadway, Suite 1600, Denver, CO 80202-5716
(Certified Mail)

Laura E. Beverage, Esq., and Anthony George, Esq., Jackson &
Kelly, 1600 Lincoln St., Suite 2710, Denver, CO 80264
(Certified Mail)

/lt

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