James D. McMillen, Employed by Shillelagh Mining Company (ALJ decision, July 31, 1991)

Plain-English summary

James D. McMillen, employed by Shillelagh Mining Company, was the respondent in a civil penalty proceeding involving the No. 5 Mine. The parties agreed to settle the matter for $3,000. Judge Paul Merlin approved the settlement under the provisions of the Mine Act. The operator was ordered to pay $3,000 within 30 days if it had not already done so. The decision does not state a specific mine safety standard.

Decision snapshot

• Cited standards: None stated in the decision.
• Outcome: The settlement was approved, and the operator was ordered to pay $3,000 within 30 days.
• Key point: The judge approved the parties' $3,000 settlement under the Mine Act.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1730 K STREET NW, 6TH FLOOR
WASHINGTON, D.C. 20006

July 31, 1991

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA), : Docket No. WEVA 90-200
Petitioner : A. C. No. 46-03875-03546 A
v. : No. 5 Mine
:
JAMES D. McMILLEN, EMPLOYED :
BY SHILLELAGH MINING
:
COMPANY,
:
Respondent :
DECISION APPROVING SETTLEMENT
ORDER TO PAY
Before: Judge Merlin
The parties now advise that they have agreed to settle this matter for $3,000. Upon review of the matter I determine that the settlement is entitled to approval under the provisions of the Act.
Accordingly, it is ORDERED that the settlement be APPROVED.
It is further ORDERED that the operator, if it has not already done so, pay $3,000 within 30 days from the date of this decision and order.

[illegible]
Paul Merlin
Chief Administrative Law Judge
Distribution:
J. Philip Smith, Esq., Office of the Solicitor, U. S. Department of Labor, 4015 Wilson Boulevard, Arlington, VA 22203 (Certified Mail) J. Randolph Query, Esq., 5130 MacCorkle Avenue, S.E., Charleston, WV 25304 (Certified Mail) Mr. James D. McMillen, P. O. Box 2852, Chapmanville, WV 25501 (Certified Mail)

1198