Ezel / Agency Decisions / WEVA 83-241-D

Secretary of Labor (MSHA) on behalf of James McNeil Taylor v. Buck Garden Coal Company (ALJ decision, April 12, 1984)

Secretary of Labor on behalf of James McNeil Taylor v. Buck Garden Coal Company (FMSHRC WEVA 83-241-D): $5,000 discrimination settlement approved

Decision type
ALJ decision
Docket
WEVA 83-241-D
Decided
April 12, 1984
Presiding judge
Joseph B. Kennedy
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-10-20
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 ALJ settlement decision under the Mine Act's 40-day rule
This administrative law judge decision became a final decision of the Commission because no Commissioner directed review within 40 days, under 30 U.S.C. § 823(d)(1). It is binding on the parties but is not Commission precedent. A later default order concerning this settlement appears in weva-83-241-d-alj. 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

The Secretary of Labor brought a discrimination case on behalf of miner James McNeil Taylor against Buck Garden Coal Company. The parties reached a settlement that Judge Joseph B. Kennedy found consistent with the Mine Act and in Taylor's interest. The judge approved withdrawal of the complaint and ordered the company to pay Taylor $1,000 immediately, followed by $250 on the first day of each of the next 16 months, for a $5,000 total. He made dismissal with prejudice conditional on payment. A later order in the same docket entered default on the settlement agreement and directed enforcement.

Decision snapshot

  • Governing issue: Settlement of a Mine Act discrimination complaint.
  • Outcome: Complaint withdrawal approved; $5,000 payable in installments; dismissal with prejudice subject to payment.
  • Key point: The settlement required scheduled payments and was later the subject of a default enforcement order.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. BUCK GARDEN
DDATE:
19840412
TTEXT:
~919

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

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

DECISION

Before: Judge Kennedy

The parties move for approval of the captioned wrongful discharge matter upon a showing that the matter has been compromised and settled to the satisfaction of the complainant-miner.

Based on the independent evaluation and de novo review of the circumstances, I find the settlement proposed is in the best interest of complainant and in accord with the purposes and policy of the Act.

Accordingly, it is ORDERED that the motion to withdraw the complaint be, and hereby is GRANTED. It is FURTHER ORDERED that in accordance with the terms of the settlement the operator FORTHWITH pay the lump sum of $1,000 to complainant, James McNeil Taylor, and thereafter pay to complainant the sum of $250 on the first day of each succeeding month for a period of sixteen (16) months, until the total sum of $5,000 has been paid to complainant. Finally, it is ORDERED that, subject to payment of the sums agreed upon, the captioned matter be DISMISSED with prejudice.

Joseph B. Kennedy
Administrative Law Judge

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