Ezel / Agency Decisions / YORK 83-3-D

Ralph W. Fitzwater v. Mettiki Coal Corporation (ALJ decision, March 29, 1984)

Ralph W. Fitzwater v. Mettiki Coal Corporation (FMSHRC YORK 83-3-D): $22,000 discrimination settlement approved

Decision type
ALJ decision
Docket
YORK 83-3-D
Decided
March 29, 1984
Presiding judge
Joseph B. Kennedy
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-10-21
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 1984 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 1984
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 under the Mine Act's 40-day rule
This administrative law judge decision became a final decision of the Commission because no Commissioner directed review within 40 days, under 30 U.S.C. § 823(d)(1). It is binding on 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

Ralph W. Fitzwater brought a discrimination complaint against Mettiki Coal Corporation. The parties submitted a settlement stipulation and asked to withdraw the complaint. Judge Joseph B. Kennedy found the settlement consistent with the Mine Act and agreeable to Fitzwater. He approved it, ordered Mettiki to pay Fitzwater $22,000, and dismissed the case subject to payment. The decision does not make a finding on the discrimination allegation.

Decision snapshot

  • Governing provision: Mine Act discrimination protection, 30 U.S.C. § 815(c).
  • Outcome: Settlement approved; Mettiki ordered to pay Fitzwater $22,000; complaint dismissed subject to payment.
  • Key point: The complaint ended through an approved settlement, without a merits ruling on the allegation.

Full text (FMSHRC public release)

CCASE:
RALPLH FITZWTER V. METTIKI COAL
DDATE:
19840329
TTEXT:
~780

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

RALPH W. FITZWATER,
DISCRIMINATION PROCEEDING
COMPLAINANT
v. Docket No. YORK 83-3-D

METTIKI COAL CORPORATION,
MSHA Case No. MORG CD 83-11
RESPONDENT

DECISION

Before: Judge Kennedy

This matter is before me on the parties' stipulation for settlement and motion to withdraw the captioned discrimination complaint. A review of the stipulation shows it is in accord with the purposes and policy of the Act and agreeable to the Complainant.

Accordingly, it is ORDERED that the settlement be, and hereby is, APPROVED and made a part of the record of this proceeding. It is FURTHER ORDERED that the operator forthwith pay the sum of $22,000 to Ralph W. Fitzwater and that subject to payment the captioned matter be DISMISSED.

Joseph B. Kennedy
Administrative Law Judge

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