Ezel / Agency Decisions / weva-89-89-d-alj
FMSHRC ALJ decision Docket WEVA 89-89-D Decided June 7, 1989 Settled Judge Avram Weisberger

Decondor Coal Company

Decondor Coal Company (FMSHRC WEVA 89-89-D): Discrimination proceeding dismissed after settlement

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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 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

The Secretary of Labor brought a discrimination proceeding on behalf of David S. Haynes against Decondor Coal Company concerning Mine No. 6. The parties reached a settlement, and the Secretary moved to withdraw the discrimination complaint. Judge Avram Weisberger found that the settlement fairly disposed of the issues, ordered the parties to follow its terms, and dismissed the case with prejudice.

Decision snapshot

  • Cited standard(s): None identified in the order
  • Outcome: The settlement was approved and the discrimination proceeding was dismissed with prejudice.
  • Key point: The judge approved the parties' settlement after finding that it fairly disposed of the issues.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. DECONDOR
DDATE:
19890607
TTEXT:

Page 2

~1055
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.)
Office of Administrative Law Judges

SECRETARY OF LABOR DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. WEVA 89-89-D
ON BEHALF OF
DAVID S. HAYNES MORG CD 88-18
RESPONDENT
Mine No. 6
v.

DECONDOR COAL
COMPANY

                  DECISION APPROVING SETTLEMENT

 On May 30, 1989, the Secretary filed a Motion to Withdraw

Complaint of Discrimination. This Motion indicates that the above
matter has been settled by the Parties. I have read the
Settlement Agreement attached to the Motion, and find it fairly
disposes of the issues herein. Accordingly, the Secretary's
Motion is GRANTED.

 It is ORDERED that the Parties shall abide by all the terms

of the Settlement Agreement dated May 12, 1989, and attached to
the Secretary's Motion To Withdraw Complaint of Discrimination.
It is further ORDERED that the above case be DISMISSED with
prejudice.

                               Avram Weisberger
                               Administrative Law Judge

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