Ezel / Agency Decisions / CENT 88-52-D

Robert Trujillo (Kaiser Coal Company) (ALJ decision, July 12, 1988)

Robert Trujillo (Kaiser Coal Company) (FMSHRC CENT 88-52-D): Discrimination proceeding dismissed

Decision type
ALJ decision
Docket
CENT 88-52-D
Decided
July 12, 1988
Presiding judge
James A. Broderick
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-20
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 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

Nickie D. Ortega filed a discrimination proceeding against Robert Trujillo of Kaiser Coal Company. Ortega later notified the Commission that he no longer wished to proceed with the case. Acting Chief Administrative Law Judge James A. Broderick dismissed the proceeding.

Decision snapshot

  • Cited standards: None stated in the decision.
  • Outcome: The discrimination proceeding was dismissed after the complainant withdrew.
  • Key point: A complainant's notice that he no longer wished to proceed ended the case.

Full text (FMSHRC public release)

CCASE:
NICKIE D. ORTEGA V. R. TRUJILLO (KAISER COAL)
DDATE:
19880712
TTEXT:

Page 2

~891
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

NICKIE D. ORTEGA,
DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. CENT 88-52-D
v. DENV CD 87-6

ROBERT TRUJILLO,
(KAISER COAL COMPANY),
RESPONDENT

ORDER OF DISMISSAL

Before: Judge Broderick

On June 23, 1988, the Commission received a letter from the complainant stating that he no longer wishes to proceed with the above-captioned case.

Accordingly, this case is hereby DISMISSED.

James A. Broderick
Acting Chief Administrative Law Judge

What applies to your situation today?

This order bound one employer. Ezel checks the current MSHA standards and Commission precedent against your facts, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace