Secretary of Labor (MSHA) on behalf of Paul Z. Swiger v. Consolidation Coal Company (ALJ decision, December 6, 1985)

Secretary of Labor (MSHA) on behalf of Paul Z. Swiger v. Consolidation Coal Company (FMSHRC WEVA 85-18-D): Discrimination settlement approved

Decision type

ALJ decision

Docket

WEVA 85-18-D

Decided

December 6, 1985

Presiding judge

Paul Merlin

Outcome

Settled

Precedential status

Final order, not precedent

Checked against source

2026-10-20

Cited standards

30 U.S.C. § 815(c) 30 U.S.C. § 820(i)

Official source

Read the official release (fmshrc.gov)

PDF

View Official PDF

Apply this to your situation

This order from 1985 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.

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

The Secretary brought a discrimination case on behalf of miner Paul Z. Swiger against Consolidation Coal Company. The Solicitor told Chief Judge Paul Merlin that an agreement had given Swiger all relief sought in the case. The Solicitor also proposed a $900 civil penalty for a violation of section 105(c) of the Mine Act. After reviewing the settlement under the statutory penalty factors, the judge approved it, ordered Consolidation Coal to pay $900 within 30 days, and dismissed the case. The order does not describe the specific relief Swiger received.

Decision snapshot

Governing provision: 30 U.S.C. § 815(c), mine safety discrimination.
Outcome: Settlement approved; $900 civil penalty ordered; case dismissed.
Key point: The judge approved the agreement after the Solicitor reported that Swiger had received all requested relief.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. CONSOLIDATION COAL
DDATE:
19851206
TTEXT:
~2064
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 85-18-D
ON BEHALF OF
PAUL Z. SWIGER,
MORG CD-84-5
COMPLAINANT
v. O'Donnell No. 20 Mine

CONSOLIDATION COAL COMPANY,
RESPONDENT

ORDER OF DISMISSAL
DECISION APPROVING SETTLEMENT

Before: Judge Merlin

The Solicitor has filed a detailed motion explaining that pursuant to agreement between the parties, the complainant now has received all the relief sought in this case.

The Solicitor further has moved for approval of a civil penalty in the amount of $900 for the violation of section 105(c) of the Act. The Solicitor further has discussed the proposed settlement in light of the six statutory criteria set forth in section 110 of the Act. Based upon my review of the Solicitor's motion I am satisfied that the proposed settlement is consistent with the purposes and spirit of the statute.

In light of the foregoing the proposed settlement is APPROVED and the operator is ORDERED TO PAY $900 within 30 days from the date of this decision. This matter is hereby DISMISSED.

Paul Merlin
Chief Administrative Law Judge

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