Ezel / Agency Decisions / weva-88-227-c-alj
FMSHRC ALJ decision Docket WEVA 88-227-C Decided May 10, 1989 Other Judge George A. Koutras

Eastern Associated Coal Corporation

Eastern Associated Coal Corporation (FMSHRC WEVA 88-227-C): Supplemental compensation amounts ordered

Apply this to your situation

This order from 1989 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 1989
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 order, not Commission precedent
This decision by an FMSHRC Administrative Law Judge became the final decision of the Commission 40 days after issuance because the Commission did not direct review (30 U.S.C. § 823(d)(1)). 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

Local Union 1570 sought compensation for idled miners at Eastern Associated Coal Corporation's Federal No. 2 Mine. Judge George A. Koutras had already issued a partial decision on the compensation claims and asked the parties to stipulate to the amounts of wages and interest due. After receiving that stipulation, he ordered the company to pay the listed miners within 30 days. The supplemental decision made the April 6, 1989 decision final along with the new payment order.

Decision snapshot

  • Cited standards: None stated in this supplemental order.
  • Outcome: The company was ordered to pay the listed wage-loss compensation and interest, and the earlier partial decision was made final.
  • Key point: The supplemental order converted the parties' agreed compensation and interest amounts into a final payment order.

Full text (FMSHRC public release)

CCASE:
LOCAL UNION 1570, DIST. 31 (U.M.W.A) V. EASTERN ASSOCIATED COAL
DDATE:
19890510
TTEXT:

Page 2

~ 877
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.)
Office of Administrative Law Judges

LOCAL UNION 1570, DISTRICT 31, COMPENSATION PROCEEDING
UNITED MINE WORKERS
OF AMERICA (UMWA), Docket No. WEVA 88-227-C
COMPLAINANTS
Federal No. 2 Mine
v.

EASTERN ASSOCIATED COAL CORPORATION,
RESPONDENT

                 SUPPLEMENTAL DECISION AND ORDER

Appearances: Joyce A. Hanula, Legal Assistant, United Mine
Workers of America, Washington, D.C., for the
Complainants;
Eugene P. Schmittgens, Jr., Esq., Eastern
Associated Coal Corporation, Pittsburgh,
Pennsylvania, for the Respondent.

Before: Judge Koutras

 On April 6, 1989, I issued a partial decision granting in

part, and denying in part, the compensation claims filed by the
complainants in this case. The parties were requested to file a
stipulation with respect to the amounts of compensation and
interest due the idled miners in question, and they have now done so.

                              ORDER

 The respondent IS ORDERED to pay the following miners the

noted compensation and interest due in this matter, and payment
is to be made within thirty (30) days of the date of this
supplemental decision. The April 6, 1989, decision is hereby made
final along with this supplemental decision.

Page 3

~878
14 Right Crew Wages Lost

              February 9, 1988 (B Shift)

Employee Employee No. Wages Lost Interest Total Due

B. Tennant 43036 $64.46 $8.13 $72.59
B. Milush 43186 $60.19 $7.59 $67.78
M. Starkey 43503 $62.84 $7.93 $70.77
W. Hovatter 43618 $64.46 $8.13 $72.59
J. Starr 44408 $62.84 $7.93 $70.77
I. Ammons 44417 $62.84 $7.93 $70.77
J. Teets 44581 $62.84 $7.93 $70.77
B. Powell 45137 $64.46 $8.13 $72.59
D. Barker 45313 $64.46 $8.13 $72.59
R. Varner 45444 $64.46 $8.13 $72.59
J. Price 45449 $62.84 $7.93 $70.77

             February 10, 1988 (A Shift)

Employee Employee No. Wages Lost Interest Total Due

D. Efaw 43077 $126.52 $15.96 $142.48
V. Alvarez 43094 $117.98 $14.88 $132.86
J. Moore 44390 $123.28 $15.55 $138.83
R. Yoney 44400 $123.28 $15.55 $138.83

             February 10, 1988 (B Shift)

Employee Employee No. Wages Lost Interest Total Due

B. Milush 43186 $120.38 $15.19 $135.57
I. Ammons 44417 $125.68 $15.86 $141.54
R. Boyce 45089 $120.38 $15.19 $135.57
D. Barker 45313 $128.92 $16.26 $145.18

             February 10, 1988 (C Shift)

Employee Employee No. Wages Lost Interest Total Due

J. Foley 43043 $129.72 $16.37 $146.09
R. Schrader 43177 $129.72 $16.37 $146.09
J. Kanosky 43207 $126.48 $15.96 $142.44
C. Hoover 43218 $126.48 $15.96 $142.44
R. Ribel 43536 $126.48 $15.96 $142.44
W. Smith 43586 $129.72 $16.37 $146.09
S. Hamilton 43808 $126.48 $15.96 $142.44
J. Melton 44115 $121.18 $15.29 $136.47
J. Hawkins 44151 $129.72 $16.37 $146.09

Page 4

~879
C. Stewart 44264 $126.48 $15.96 $142.44
E. Jackson 43035 $121.18 $15.29 $136.47
D. Barker 45090 $129.72 $16.37 $146.09
J. Wilson 45135 $121.18 $15.29 $136.47
R. Neff 45332 $121.18 $15.29 $136.47
S. Farrah 45518 $121.18 $15.29 $136.47
T. Turek 45538 $121.18 $15.29 $136.47
J. Mathews 44437 $129.72 $16.37 $146.09

                 George A. Koutras
                 Administrative Law Judge

Get today's answer for your situation

You just read what one judge decided for one employer in 1989, and it binds only those parties. Ezel checks the current MSHA standards and Commission precedent and answers your specific situation, with citations.

Opens in Ezel Pro. Every answer cites the authority it relies on.