Ezel / Agency Decisions / WEVA 85-226-D

Secretary of Labor on behalf of John G. Kline v. Consolidation Coal Company (ALJ decision, April 10, 1986)

Kline v. Consolidation Coal Company (FMSHRC WEVA 85-226-D): Discrimination case settled with $200 penalty

Decision type
ALJ decision
Docket
WEVA 85-226-D
Decided
April 10, 1986
Presiding judge
Roy J. Maurer
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-10-20
Cited standards
30 U.S.C. § 815(c)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1986 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 1986
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 settlement order 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 moved to settle a Mine Act discrimination case brought on behalf of John G. Kline against Consolidation Coal Company. The motion said Kline had received or would receive all the relief he sought, but the order does not specify that relief. The parties proposed a $200 civil penalty for a section 105(c) violation. Judge Roy J. Maurer approved the settlement, ordered Consolidation to pay the penalty within 30 days, and dismissed the complaint after granting its withdrawal.

Decision snapshot

  • Governing provision: 30 U.S.C. § 815(c), the Mine Act's discrimination provision.
  • Outcome: Settlement approved; $200 civil penalty ordered; complaint withdrawn and dismissed.
  • Key point: The judge approved the agreement after the Secretary represented that Kline had or would receive the relief sought.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. CONSOLIDATION COAL
DDATE:
19860410
TTEXT:
~605

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 85-226-D
ON BEHALF OF
JOHN G. KLINE,
MORG CD 85-7
COMPLAINANT
Loveridge No. 22 Mine v.

CONSOLIDATION COAL COMPANY,
RESPONDENT

ORDER OF DISMISSAL
DECISION APPROVING SETTLEMENT

Before: Judge Maurer

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

The Secretary further has moved for approval of a civil penalty in the amount of $200 for the violation of section 105(c) of the Act. The Secretary 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 Secretary'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 $200 within 30 days from the date of this decision. Further, the Secretary's motion to withdraw the complaint of discrimination is GRANTED and this matter is hereby DISMISSED.

Roy J. Maurer
Administrative Law Judge

What applies to your situation today?

This order bound one employer. Ezel checks the current MSHA standards and Commission precedent against your facts, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace