Peabody Coal Company (ALJ decision, May 20, 1987)

Plain-English summary

The Secretary reported that David Ward had received or would receive all relief sought in his discrimination case against Peabody Coal. The assessed $1,000 penalty had also been paid. Judge Roy J. Maurer found the settlement consistent with the purposes and spirit of the statute, approved it, and dismissed the matter.

Decision snapshot

• Cited provisions: None stated in this order.
• Outcome: The settlement was approved and the discrimination matter was dismissed.
• Key point: Completion of the agreed relief and payment of the assessed penalty supported dismissal of the discrimination proceeding.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. PEABODY COAL
DDATE:
19870520
TTEXT:

Page 2

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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 86-376-D
ON BEHALF OF
DAVID WARD,
HOPE CD 86-6
COMPLAINANT
Montcoal No. 7 Mine v.

PEABODY 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. Furthermore, the assessed penalty of $1,000 has been paid.

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 this matter is hereby DISMISSED.

Roy J. Maurer
Administrative Law Judge