Ezel / Agency Decisions / CENT 89-62-DM

Reynolds Metal Company Incorporated (ALJ decision, March 20, 1989)

Reynolds Metal Company Incorporated (FMSHRC CENT 89-62-DM): Temporary reinstatement ordered

Decision type
ALJ decision
Docket
CENT 89-62-DM
Decided
March 20, 1989
Presiding judge
Gary Melick
Outcome
Procedural
Precedential status
Interlocutory order, not final
Checked against source
2026-08-17
Cited standards
29 C.F.R. § 2700.44
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1989 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 1989
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.
Temporary-reinstatement order, not Commission precedent
This order concerned temporary reinstatement while the underlying discrimination complaint or reinstatement proceeding remained pending. It did not resolve the discrimination merits or become a final decision under the 40-day rule in 30 U.S.C. § 823(d)(1). It 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 Secretary of Labor applied for temporary reinstatement of Willie C. Jones on his discrimination complaint against Reynolds Metal Company Incorporated. Under Commission Rule 44, Judge Gary Melick reviewed the application after the request for hearing was withdrawn. He found that the miner's complaint was not frivolously brought. The judge ordered immediate temporary reinstatement at the same wage rate and grade Jones held before termination.

Decision snapshot

  • Cited provision: 29 C.F.R. § 2700.44.
  • Outcome: Temporary reinstatement was ordered immediately at the prior wage rate and grade.
  • Key point: The temporary-reinstatement threshold was met because the miner's complaint was not frivolously brought.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. REYNOLDS METAL
DDATE:
19890320
TTEXT:

~417
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

SECRETARY OF LABOR,
DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. CENT 89-62-DM
ON BEHALF OF
WILLIE C. JONES,
Case No. MD 89-21
APPLICANT
Mill I.E. No. 41-00906 v.

REYNOLDS METAL COMPANY
INCORPORATED,
RESPONDENT

ORDER OF TEMPORARY REINSTATEMENT

Pursuant to Commission Rule 44, 29 C.F.R. 2700.44, and upon the Motion Withdrawing Request for Hearing, the Secretary's Application for Temporary Reinstatment on behalf of Willie C. Jones has been reviewed. Upon such review I have determined that the miner's complaint is not frivolously brought. Accordingly it is ORDERED that Willie C. Jones be temporarily reinstated immediately at the same wage rate and grade he had prior to termination.

Gary Melick
Administrative Law Judge
(703) 756-6261

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