Ezel / Agency Decisions / CENT 83-44-D

United Mine Workers of America on behalf of Henry Beard and Terry Loudermilk v. Midwestern Mining & Reclamation, Inc. (ALJ decision, January 10, 1984)

United Mine Workers of America on behalf of Henry Beard and Terry Loudermilk v. Midwestern Mining & Reclamation, Inc. (FMSHRC CENT 83-44-D): Two discrimination complaints withdrawn

Decision type
ALJ decision
Dockets
CENT 83-44-D, CENT 83-45-D
Decided
January 10, 1984
Presiding judge
James A. Broderick
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-10-21
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

The United Mine Workers of America filed discrimination complaints on behalf of Henry Beard and Terry Loudermilk against Midwestern Mining & Reclamation. The complainants asked to withdraw both cases because the issues had been addressed and remedied in proceedings before the National Labor Relations Board. Midwestern did not object. Judge James A. Broderick granted the motions and dismissed both proceedings. The order states no relief amount and makes no finding on the discrimination claims.

Decision snapshot

  • Cited standards: None stated in the decision.
  • Outcome: Both withdrawal motions granted and both discrimination proceedings dismissed; no penalty assessed.
  • Key point: The complainants withdrew their Commission cases after the NLRB addressed and remedied the issues.

Full text (FMSHRC public release)

CCASE:
(UMWA), HENRY BEARD V. MIDWESTERN MINING
DDATE:
19840110
TTEXT:
~49

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

UNITED MINE WORKERS OF
DISCRIMINATION PROCEEDINGS
AMERICA (UMWA),
ON BEHALF OF
Docket No. CENT 83-44-D
HENRY BEARD,
COMPLAINANT
Bronaugh Mine
V.
MIDWESTERN MINING & RECLAMATION
INC.,
RESPONDENT

UNITED MINE WORKERS OF
AMERICA (UMWA),
ON BEHALF OF
Docket No. CENT 83-45-D
TERRY LOUDERMILK,
COMPLAINANT
Bronaugh Mine
v.
MIDWESTERN MINING & RECLAMATION,
INC.,
RESPONDENT

ORDER OF DISMISSAL

Before: Judge Broderick

In each of the above cases, the Complainants filed motions to withdraw their respective discrimination complaints on the grounds that the issues raised in these proceedings have been addressed and remedied by the NLRB in cases brought before that tribunal.

Respondent does not object to the motion.

Therefore, IT IS ORDERED that the motions are GRANTED and these proceedings are DISMISSED.

James A. Broderick
Administrative Law Judge

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