Ezel / Agency Decisions / weva-91-1618-d-alj
FMSHRC ALJ decision Docket WEVA 91-1618-D Decided December 20, 1991 Other Judge Gary Melick

Joshua Industries, Incorporated

Joshua Industries, Incorporated (FMSHRC WEVA 91-1618-D): Back pay ordered after default

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This order from 1991 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 1991
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

Nicholas Ramirez brought a discrimination proceeding against Joshua Industries, Incorporated. The respondent had previously been held in default. Judge Gary Melick directed Joshua Industries to pay Ramirez $3,123.62 in back pay plus interest within 30 days, unless it had already done so. The order relied on the Commission's decision in Clinchfield Coal Co., 10 FMSHRC 1493 (1988).

Decision snapshot

  • Cited standards: None stated in the order.
  • Outcome: The judge directed the defaulted respondent to pay $3,123.62 in back pay plus interest.
  • Key point: A final order following a default directed payment of back pay and interest to the complainant.

Full text (FMSHRC public release)

CCASE:
NICHOLAS RAMIREZ V. JOSHUA INDUSTRIES
DDATE:
19911220
TTEXT:

Page 2

~1961
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.)
Office of Administrative Law Judges

NICHOLAS RAMIREZ, DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. WEVA 91-1618-D
v. MSHA Case No. HOPE CD 91-07

JOSHUA INDUSTRIES, No. 32 Mine
INCORPORATED,
RESPONDENT

              DECISION AND FINAL ORDER

Before: Judge Melick

 By decision dated November 25, 1991, the Respondent herein

was held to be in default. Accordingly, if it has not already
done so, Respondent is directed within 30 days of the date of
this decision, to pay Complainant $3,123.62 in back pay plus
interest in accordance with this Commission's decision in
Clinchfield Coal Co., 10 FMSHRC 1493 (1988).

                               Gary Melick
                               Administrative Law Judge
                               703-756-6261

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