Ezel / Agency Decisions / CENT 88-157-DM

Roger Thompson, Union Pres., on Behalf of Paul Luce v. Unimin Corporation (ALJ decision, November 28, 1988)

Roger Thompson, Union Pres., on Behalf of Paul Luce v. Unimin Corporation (FMSHRC CENT 88-157-DM): Discrimination complaint withdrawn

Decision type
ALJ decision
Docket
CENT 88-157-DM
Decided
November 28, 1988
Presiding judge
Michael A. Lasher, Jr.
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-17
Cited standards
29 C.F.R. § 2700.11
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1988 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 1988
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 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

Paul Luce decided not to pursue his discrimination complaint against Unimin Corporation. Judge Michael A. Lasher, Jr. treated the signed discontinuance as a voluntary withdrawal under Commission Rule 11. He approved the withdrawal and dismissed the proceeding with prejudice.

Decision snapshot

  • Governing rule: 29 C.F.R. § 2700.11
  • Outcome: The discrimination proceeding was withdrawn and dismissed with prejudice.
  • Key point: A complainant may voluntarily withdraw a discrimination pleading with the judge's approval.

Full text (FMSHRC public release)

~1632
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

ROGER THOMPSON, UNION PRES.,
DISCRIMINATION PROCEEDING
ON BEHALF OF
PAUL LUCE,
Docket No. CENT 88-157-DM
COMPLAINANT
MD 87-60

v. Silica Sand Plant

UNIMIN CORPORATION,
RESPONDENT

DECISION

Before: Judge Lasher

By letter dated November 15, 1988, counsel for Complainant, Paul Luce, indicated that Mr. Luce "has decided not to pursue the above cause of action." Attached to the letter is a document entitled Discontinuance of Discrimination Complaint signed by Mr. Luce which is construed to be a withdrawal of the Complaint herein. Pursuant to Commission Rule 11 (29 C.F.R. 2700.11) a party may withdraw such pleading at any time with the approval of the Commission or the Judge. Such approval is here granted since it appears that the withdrawal is voluntary. Accordingly, this proceeding is dismissed with prejudice.

Michael A. Lasher, Jr.
Administrative Law Judge

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