Martha Perando v. Mettiki Coal Corporation (ALJ decision, September 9, 1986)

Martha Perando v. Mettiki Coal Corporation (FMSHRC YORK 85-12-D): Back pay and costs ordered

Decision type
ALJ decision
Docket
YORK 85-12-D
Decided
September 9, 1986
Presiding judge
Outcome
Other
Precedential status
Reviewed by the Commission
Checked against source
2026-10-19

What's the rule today?

This ALJ decision was superseded by the Commission's decision in the same case. Ezel starts from the controlling decision and answers your situation under current law, with citations.

Currency note: this decision dates from 1986
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.
ALJ decision, later reviewed by the Commission
This decision was issued by an FMSHRC Administrative Law Judge, but it was not the final word in the case: the Commission directed review, and the Commission's decision is the one citable as precedent.
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

After an earlier decision in Martha Perando's discrimination case, the parties submitted agreed amounts for damages, costs, and interest. Judge Gary Melick ordered Mettiki Coal Corporation to pay Perando $2,351.30 in back pay within 30 days. He also ordered interest through the payment date under the stated formula and $50 in costs. The order said it was the final disposition before the judge.

Decision snapshot

  • Cited standard: None identified in this supplemental decision.
  • Outcome: $2,351.30 in back pay, interest through payment, and $50 in costs ordered.
  • Key point: The judge entered the parties' stipulated remedy amounts after the earlier ruling.

Full text (FMSHRC public release)

CCASE:
MARHTA PERNANDO V. METTIKI COAL
DDATE:
19860909
TTEXT:

~1341

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

MARTHA PERANDO,
DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. YORK 85-12-D
v. MSHA Case No. MORG CD 85-17

METTIKI COAL CORPORATION,
RESPONDENT

DECISION

Before: Judge Melick

Pursuant to the decision in these proceedings dated August 12, 1986, the parties have submitted stipulations of damages, costs and interest. Accordingly the Mettiki Coal Corporation is ordered to pay to Complainant Martha Perando the amount of $2,351.30 in back pay within 30 days of the date of this decision plus interest to the date of payment computed in accordance with the formula set forth in Bailey v. Arkansas Carbona, Co., 5 FMSHRC 2042 (1983), plus costs of $50.

This decision constitutes the final disposition of these proceedings before this judge.

Gary Melick
Administrative Law Judge

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