Ezel / Agency Decisions / YORK 80-86-DM

St. Joe Zinc Company (ALJ decision, December 15, 1980)

St. Joe Zinc Company (FMSHRC YORK 80-86-DM): Back pay approved and penalty reduced

Decision type
ALJ decision
Docket
YORK 80-86-DM
Decided
December 15, 1980
Presiding judge
Joseph B. Kennedy
Outcome
Modified
Precedential status
Final order, not precedent
Checked against source
2026-10-23
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1980 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 1980
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 order, not Commission precedent
This decision by a FMSHRC Administrative Law Judge became the final decision of the Commission 40 days after issuance because the Commission did not direct review (30 U.S.C. § 823(d)(1)). 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

This final order resolves the remaining relief in a discrimination complaint brought on behalf of Lester N. Simmons against St. Joe Zinc Company. The parties agreed that Simmons would receive $78.12 in back pay plus eight percent interest from December 7, 1979, until payment. Judge Joseph B. Kennedy found that amount fair and approved it. He also accepted mitigating circumstances and reduced the civil penalty for the violation previously found to $50. The order directs St. Joe Zinc to pay both amounts by December 24, 1980.

Decision snapshot

  • Cited authority: The order does not specify the discrimination provision underlying the earlier decision.
  • Outcome: $78.12 in back pay plus interest approved; civil penalty reduced to $50.
  • Key point: The judge approved the parties' back-pay agreement and adjusted the penalty after independently reviewing the proposed relief.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. ST. JOE ZINC
DDATE:
19801215
TTEXT:
~3593

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
Complaint of Discrimination
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. YORK 80-86-DM
ON BEHALF OF LESTER N. SIMMONS,
COMPLAINANT
Balmat No. 4 Mine
v.

ST. JOE ZINC COMPANY,
RESPONDENT

FINAL ORDER

Pursuant to the attached decision and order, the parties have agreed that the amount of back pay due complainant is $78.12 plus interest at 8% from December 7, 1979 to the date of payment. Respondent also requests reconsideration of the penalty on the ground that this was an inadvertent, first offense not likely to be repeated. Based on an independent evaluation and de novo review I find settlement of the back pay claim in the amount proposed is fair, equitable and in accord with the purposes and policy of the Act. I further find that in view of the mitigating circumstances shown the amount of the penalty should be reduced to $50.00.

Accordingly, it is ORDERED that on or before Wednesday, December 24, 1980, respondent pay complainant the back pay agreed upon, $78.12 plus interest at 8% to date of payment. It is FURTHER ORDERED that on or before the same date the operator pay a penalty of $50.00 for the violation found.

Joseph B. Kennedy
Administrative Law Judge

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