Ezel / Agency Decisions / WEVA 91-1949-C

Valley Camp Coal Company, and Shrewbury Coal Company (ALJ decision, July 7, 1993)

Valley Camp Coal Company and Shrewbury Coal Company (FMSHRC WEVA 91-1949-C): Settlement dismissal approved

Decision type
ALJ decision
Docket
WEVA 91-1949-C
Decided
July 7, 1993
Presiding judge
Avram Weisberger
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-14
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1993 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 1993
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

The United Mine Workers brought a compensation proceeding on behalf of Gary Price, Billy L. Wilkinson Jr., and similarly situated miners against Valley Camp Coal Company and Shrewbury Coal Company. Judge Avram Weisberger lifted a prior stay after finding that the parties' settlement was a fair disposition of the issues. He granted the motion to dismiss based on representations that the settlement payments had been made and dismissed the case.

Decision snapshot

  • Cited standards: The order does not identify specific Mine Act standards.
  • Outcome: The stay was lifted, the settlement-based dismissal was granted, and the case was dismissed.
  • Key point: The ALJ dismissed the compensation proceeding after finding the settlement fair and receiving representations that the required payments had been made.

Full text (FMSHRC public release)

CCASE:
UNITED MINE WORKERS V. VALLEY CAMP COAL
DDATE:
19930707
TTEXT:

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

UNITED MINE WORKERS OF AMERICA, : COMPENSATION PROCEEDING
ON BEHALF OF GARY PRICE, :
BILLY L. WILKINSON, JR. : Docket No. WEVA 91-1949-C
AND ALL SIMILARLY SITUATED :
MINERS, : V C No. 8 Preparation Plant
Petitioners :
:
v. :
:
VALLEY CAMP COAL COMPANY, :
AND SHREWBURY COAL COMPANY :
Respondents :

ORDER OF DISMISSAL

Before: Judge Weisberger

It is ORDERED that the Stay Order of June 23, 1992 is hereby lifted.

The parties previously filed a settlement agreement which I find is a fair disposition of the issues presented in this case.
Petitioner's Motion to Dismiss is granted based on
representations that payments have been made in accordance with
the settlement agreement.

It is ORDERED that these cases be DISMISSED.

Avram Weisberger
Administrative Law Judge
Distribution:

David Hardy, Esq., Jackson & Kelly, 1800 Laidley Tower, P.O. Box
553, Charleston, WV 25322 (Certified Mail)

Pamela Silverman, Esq., Carl C. Charneski, Esq., Office of the
Solicitor, U. S. Department of Labor, 4015 Wilson Boulevard, Room
516, Arlington, VA 22203 (Certified Mail)

Mary Lu Jordan, Esq., UMWA, 900 15th Street, NW, Washington,DC
20005 (Certified Mail)
nb

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