Babcock Mining Co.; Henry McCoy, individually and as operator of Babcock Mining Co.; Virgil McMillion, individually and as operator of McMillion Enp., Inc., McMillion Enp., Inc. (ALJ decision, November 30, 1987)

Plain-English summary

The supplemental default decision in David Willis's discrimination proceeding contained a clerical error in the complainant's name in Finding of Fact No. 1. Judge William Fauver corrected that name to “David Willis.” The correction did not change the underlying findings, remedies, or other terms of the earlier decision.

Decision snapshot

• Cited standard(s): None stated in this clerical correction.
• Outcome: The complainant's name in Finding of Fact No. 1 was corrected to David Willis.
• Key point: A clerical correction changes the record's wording without changing the underlying decision.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) BABCOCK MINING
DDATE:
19871130
TTEXT:

Page 2

~1988

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 87-106-D
ON BEHALF OF DAVID WILLIS,
COMPLAINANT HOPE CD 86-24
HOPE CD 87-2 v.
No. 1 Mine
BABCOCK MINING CO.;
HENRY MCCOY, INDIVIDUALLY
AND AS OPERATOR OF BABCOCK
MINING CO.; VIRGIL MCMILLION,
INDIVIDUALLY AND AS OPERATOR
OF MCMILLION ENP., INC.,
MCMILLION ENP., INC.,
RESPONDENTS

CORRECTION OF CLERICAL ERROR IN DECISION Before: Judge Fauver

The Supplemental Default Decision dated November 20, 1987, is amended to correct the following clerical error: the Complainant's name in Finding of Fact No. 1 is changed to "David Willis."

William Fauver
Administrative Law Judge