Ezel / Agency Decisions / WEVA 93-339-D

Tanglewood Energy, Inc. (ALJ decision, January 25, 1994)

Tanglewood Energy, Inc. (FMSHRC WEVA 93-339-D): Damages awarded after discrimination finding

Decision type
ALJ decision
Docket
WEVA 93-339-D
Decided
January 25, 1994
Presiding judge
Arthur J. Amchan
Outcome
Other
Precedential status
Final order, not precedent
Checked against source
2026-08-14
Cited standards
30 U.S.C. § 815(c)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1994 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 1994
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

An earlier decision found Tanglewood Energy, Inc. in violation of section 105(c) of the Mine Act in a case brought on behalf of Perry Poddey. Judge Arthur J. Amchan then adopted the parties’ stipulation on the amount due and ordered the company to pay $9,094.38. The amount represented back wages from January 7 through May 17, 1993, less $4,000 in unemployment benefits, plus interest on net back pay and travel expenses related to the hearing. Payment was due within 20 days.

Decision snapshot

  • Cited authority: 30 U.S.C. § 815(c)
  • Outcome: The judge ordered payment of $9,094.38 in damages and related amounts under the parties’ stipulation.
  • Key point: After liability was established, the judge resolved the complainant’s monetary relief through a stipulated damages order.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. TANGLEWOOD ENERGY
DDATE:
19940125
TTEXT:

Page 2

~176

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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

JAN 25 1994

SECRETARY OF LABOR,
: DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION(MSHA),
:
on behalf of PERRY PODDEY, : Docket No. WEVA 93-339-D
Complainant,
:
:
v. : MORG cd 93-01
:
: Coal Bank No. 12
TANGLEWOOD ENERGY, INC.,
:
Respondent
:

DECISION ON DAMAGES

On November 29, 1993, the undersigned issued a decision finding Respondent in violation of section 105 (c) of the Act and directing the parties to file a stipulation regarding the amount due Mr. Poddey. Pursuant to this stipulation, Respondent is hereby ordered to pay Mr. Poddey $9,094.38. This figure represents the back wages due Mr. Poddey from January 7, 1993, through May 17, 1993 minus $4,000 received in unemployment includes interest calculated at the short-term federal interest rate on all net backpay earnings (gross backpay minus unemployment insurance benefits) through the end of calendar year 1993, payment for Mr. Poddey's travel expenses related to this hearing in this matter.

ORDER

Respondent is hereby ordered to pay Perry Poddey $9,094.38 within 20 days os this decision and order. This constitutes my final decision in this matter.

Arthur J. Amchan
Administrative Law Judges
703-756-6210

Page 3

~177
Distribution:

Heather Bupp-HaBuda, Esq., Office of the Solicitor, U.S. Department of Labor, 4015 Wilson Blvd., Arlington, VA 22203 (Certified Mail)

Paul O. Clay, Jr., Esq., Conrad and Clay, P.O. Drawer 958, Fayetteville, WV 25840 (Certified Mail)

/jf

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