Secretary of Labor on behalf of William C. Beveridge v. Globe Enterprises (ALJ decision, May 31, 1985)

Plain-English summary

The Secretary of Labor brought a discrimination proceeding on behalf of William Beveridge against Globe Enterprises, involving its Blacksville No. 1 Mine. After a hearing, the parties proposed a settlement paying Beveridge $500 in two $250 installments and withdrawing the proposed penalty. Judge Joseph B. Kennedy found the agreement consistent with the Mine Act and approved it. He confirmed the settlement as the final order and dismissed the case subject to payment. The decision does not describe the alleged discriminatory conduct or make a violation finding.

Decision snapshot

• Cited standard: No specific Mine Act provision or safety standard is identified in this order.
• Outcome: $500 settlement approved for Beveridge in two installments; proposed penalty withdrawn and dismissal subject to payment.
• Key point: The judge approved the parties' agreement after the hearing without deciding the underlying discrimination claim.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. GLOBE ENTERPRISES
DDATE:
19850531
TTEXT:
~856
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 85-68-D
ON BEHALF OF
WILLIAM C. BEVERIDGE,
MSHC Case No. MORG CD 84-3
COMPLAINANT
Blacksville No. 1 Mine v.

GLOBE ENTERPRISES,
RESPONDENT

DECISION

Appearances: Howard K. Agran, Esq., Office of the Solicitor, U.S. Department of Labor, Philadelphia,
Pennsylvania, for Complainant;
Ralph K. Johnson, Office Manager and Chief Accountant for Globe Enterprises, for
Respondent.

Before: Judge Kennedy

This matter was heard in Morgantown, West Virginia on Tuesday, May 21, 1985. At the close of the case, the parties conferred for the purpose of settlement and thereafter moved for approval of a settlement of this matter. The settlement proposed was to pay complainant the amount of $500 in two installments of $250 each within 30 and 60 days respectively and to withdraw the proposal for penalty.

Based on the evidence adduced, I found the settlement proposed was in accord with the purposes and policy of the Act. Accordingly, it was ORDERED that the motion be APPROVED and that the operator pay the amount of the settlement agreed upon on or before Saturday, July 20, 1985.
~857
The premises considered, it is ORDERED that the disposition approved be, and hereby is, CONFIRMED and ADOPTED as the final order in this matter and that subject to payment of the amount agreed upon the captioned matter be and hereby is, DISMISSED.

Joseph B. Kennedy
Administrative Law Judge