Ezel / Agency Decisions / WEVA 83-241-D

Secretary of Labor on behalf of James McNeil Taylor v. Buck Garden Coal Company (ALJ decision, October 10, 1984)

Secretary of Labor on behalf of James McNeil Taylor v. Buck Garden Coal Company (FMSHRC WEVA 83-241-D): Default entered on settlement agreement

Decision type
ALJ decision
Docket
WEVA 83-241-D
Decided
October 10, 1984
Presiding judge
Joseph B. Kennedy
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-10-20
Cited standards
30 U.S.C. § 816(b)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1984 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 1984
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 order, not Commission precedent
This decision by a FMSHRC Administrative Law Judge became the final decision of the Commission 40 days after issuance because the Commission did not direct review (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

The Secretary of Labor brought a discrimination proceeding on behalf of James McNeil Taylor against Buck Garden Coal Company. The judge stated that the company failed to show cause why it should not be declared in default of its settlement agreement. Judge Joseph B. Kennedy entered a final default order, directed the Secretary to take action to enforce it under section 106(b) of the Mine Act, and dismissed the case from the Commission's docket. The order does not state the settlement's terms.

Decision snapshot

  • Governing provision: Section 106(b) of the Mine Act, 30 U.S.C. § 816(b).
  • Outcome: Default entered on the settlement agreement; enforcement directed and case dismissed.
  • Key point: The company failed to show cause in response to the proposed default order.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041 OCT 10 1984
SECRETARY OF LABOR, : DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. WEVA 83-241-D
ON BEHALF OF
:
JAMES MCNEIL TAYLOR,
: MSHA Case No. HOPE CD 83-25
Complainant :
v. : No. 4 Mine
:
BUCK GARDEN COAL COMPANY, :
Respondent :

DEFAULT ORDER
The operator having failed to show cause why it should not be declared in default of its settlement agreement and a final enforceable order entered in the captioned matter, it is ORDERED that respondent be,. and hereby is, deemed in default of its settlement agreement and the Secretary directed to take such action as is necessary to enforce under section 106(b) of the Mine Act this final order of default and dismissal of this case from the Commission's docket.

Joseph B. Kennedy
Administrative Law Judge
Distribution:
Catherine Oliver-Murphy, Esq., Office of the Solicitor, U.S. Department of Labor, 3535 Market St., Philadelphia, PA 19104 (Certified Mail) Richard L. Dailey, Esq., Attorney for Buck Garden Coal Company, 608 Virginia Street, East, Charleton, WV 25301 (Certified Mail) Dare McKinney, President, Buck Garden Coal Co., P.O. Box 145, Gilboa, PA 26671 (Certified Mail) James McNeil Taylor, Star Route 1, Box 2, Fenwick Mountain, WV 26202 (Certified Mail)

/ejp

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