Ezel / Agency Decisions / WEVA 88-218-D

Consolidation Coal Company (ALJ decision, December 12, 1988)

Consolidation Coal Company (FMSHRC WEVA 88-218-D): Discrimination proceeding dismissed under settlement

Decision type
ALJ decision
Docket
WEVA 88-218-D
Decided
December 12, 1988
Presiding judge
William Fauver
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-17
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1988 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 1988
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

James D. Grimes brought a Mine Act discrimination proceeding against Consolidation Coal Company. The order states that the case was dismissed pursuant to a settlement approved when the matter was called for hearing on October 4, 1988. No safety standard was adjudicated in the order.

Decision snapshot

  • Governing provisions: None stated in the order.
  • Outcome: The discrimination proceeding was dismissed pursuant to an approved settlement.
  • Key point: The order ended the case through settlement without stating further terms.

Full text (FMSHRC public release)

CCASE:
J.D. GRIMES V. CONSOLIDATION COAL CO.
DDATE:
19881212
TTEXT:

Page 2

~1701
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

JAMES D. GRIMES,
DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. WEVA 88-218-D
v. MORG CD 88-08

CONSOLIDATION COAL COMPANY,
Georgetown Prep Plant
RESPONDENT

ORDER OF DISMISSAL

Before: Judge Fauver

Pursuant to a settlement approved when this case was called for hearing on October 4, 1988, the above case is DISMISSED.

William Fauver
Administrative Law Judge

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