FMSHRC ALJ decision Docket WEVA 86-379-D Decided February 13, 1987 Procedural Judge Avram Weisberger

Consolidation Coal Company

Consolidation Coal Company (FMSHRC WEVA 86-379-D): Supplemental order awards $1,563.13 and makes prior decision final

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This order from 1987 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 1987
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 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

This supplemental decision followed an earlier decision in a discrimination proceeding involving Consolidation Coal Company. The parties agreed on the amounts owed to the complainant under two paragraphs of that earlier decision. Judge Avram Weisberger ordered the company to pay $775.25 in legal fees and costs and $787.88 under the earlier decision. The judge also stated that the January 12, 1987 decision was now final.

Decision snapshot

  • Cited standard(s): None stated in the decision.
  • Outcome: The respondent was ordered to pay $1,563.13 in agreed amounts, and the earlier decision was declared final.
  • Key point: The supplemental order resolved the amounts due and finalized the underlying decision.

Full text (FMSHRC public release)

CCASE:
CHARLES F. ROSE V. CONSOLIDATION COAL CO.
DDATE:
19870213
TTEXT:


Page 2

~304

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

CHARLES F. ROSE, DISCRIMINATION PROCEEDING
COMPLAINANT
v. Docket No. WEVA 86-379-D

CONSOLIDATION COAL COMPANY, MORG CD 86-11
RESPONDENT
Pursglove No. 15 Mine

                       SUPPLEMENTAL DECISION

Before: Judge Weisberger

 In my Decision in this matter, issued on January 12, 1987, I

directed counsel to submit to me a statement of their agreement
as to amounts owed to Complainant by Respondent pursuant to
paragraphs 3. and 4. of my Decision.

 On January 28, 1987, Complainant filed a statement that the

Parties had reached an agreement as to the amounts owed
Complainant pursuant to paragraphs 3. and 4. of my Decision.

   It is therefore ORDERED that:

 1. Within 30 days Respondent shall pay Complainant $775.25

as legal fees and costs and $787.88 as the amount due Complainant
pursuant to paragraph 4. of my Decision of January 12, 1987.

   2. My Decision of January 12, 1987 is NOW final.


                                   Avarm Weisberger
                                   Administrative Law Judge

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