Ezel / Agency Decisions / WEVA 80-429-D

Local Union 6025, United Mine Workers of America v. Bishop Coal Company (ALJ decision, June 28, 1983)

Local Union 6025 v. Bishop Coal Company (FMSHRC WEVA 80-429-D): Inspection pay dispute settled

Decision type
ALJ decision
Docket
WEVA 80-429-D
Decided
June 28, 1983
Presiding judge
Paul Merlin
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-10-21
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1983 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 1983
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

Local Union 6025 of the United Mine Workers of America brought a discrimination complaint against Bishop Coal Company over wages for miners who took part in spot inspections. The union reported a settlement under which Bishop reimbursed it for wages paid to those miners and paid interest on those amounts. Bishop also reimbursed the International Union for the cost of pursuing the matter. At the union's request, Chief Judge Paul Merlin dismissed the proceeding. The order gives no dollar amounts and resolves a complaint rather than a citation.

Decision snapshot

  • Governing provision: Discrimination complaint; this order cites no specific Mine Act section.
  • Outcome: Complaint dismissed after settlement; wage reimbursement, interest, and union costs paid, with no amounts stated.
  • Key point: The dismissal followed the union's report that Bishop had made the agreed payments.

Full text (FMSHRC public release)

CCASE:
LOCAL UNION 6025 (UMWA) V. BISHOP
DDATE:
19830628
TTEXT:

~1183

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

LOCAL UNION 6025, UNITED MINE
Complaint of Discrimination
WORKERS OF AMERICA,
COMPLAINANT
Docket No. WEVA 80-429-D

v. Bishop Mine

BISHOP COAL COMPANY,
RESPONDENT

ORDER OF DISMISSAL

The above-captioned matter has been reassigned to the undersigned administrative law judge.

This proceeding is a complaint of discrimination filed by Local Union 6025, United Mine Workers of America against Bishop Coal Company. The UMWA has filed a letter which advises that a settlement has been reached in this matter. The operator has reimbursed the Local Union for the wages it paid to those miners who participated in the spot inspections at issue. The operator has also paid interest to the Local Union on the wages it paid out and reimbursed the International Union for the costs incurred in prosecuting this matter. The UMWA requests that this proceeding be dismissed.

Accordingly, it is hereby ORDERED that this matter is DISMISSED.

Paul Merlin
Chief Administrative Law Judge

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