Ezel / Agency Decisions / WEVA 87-107-D

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)

Babcock Mining Co. and others (FMSHRC WEVA 87-107-D): Clerical correction to complainant's name

Decision type
ALJ decision
Docket
WEVA 87-107-D
Decided
November 30, 1987
Presiding judge
William Fauver
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-20
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

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 binding on the Commission in other cases. 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 order corrected a clerical error in an earlier supplemental default decision involving Babcock Mining Co. and related respondents. Judge William Fauver changed the complainant's name in Conclusion of Law No. 2 and paragraph 1 of the order to Albert Halstead. The order did not change the underlying ruling or financial relief.

Decision snapshot

  • Governing provisions: None stated in this correction order.
  • Outcome: The earlier decision was amended to correct the complainant's name.
  • Key point: The order corrected the record without changing the underlying decision.

Full text (FMSHRC public release)

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

Page 2

~1992

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 87-107-D
ON BEHALF OF ALBERT HALSTEAD,
COMPLAINANT
HOPE CD 87-1
v. HOPE CD 87-4

BABCOCK MINING CO.;
No. 1 Mine
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 ERRORS IN DECISION

Before: Judge Fauver

The Supplemental Default Decision dated November 20, 1987, is amended to correct the following clerical errors: the Complainant's name in Conclusion of Law No. 2 and in paragraph 1 of the Order is changed to "Albert Halstead."

William Fauver
Administrative Law Judge

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