Ezel / Agency Decisions / CENT 91-191-DM

New Mexico Potash Corporation (ALJ decision, January 15, 1992)

New Mexico Potash Corporation (FMSHRC CENT 91-191-DM): Discrimination complaint withdrawn and case dismissed

Decision type
ALJ decision
Docket
CENT 91-191-DM
Decided
January 15, 1992
Presiding judge
Gary Melick
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-15
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 1992 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 1992
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 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.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

Plain-English summary

Henry Galvan asked to withdraw his discrimination complaint against New Mexico Potash Corporation. Judge Gary Melick granted permission to withdraw the complaint under 29 C.F.R. § 2700.11 and dismissed the case. The order also cancelled hearings that had been scheduled to begin on January 21, 1992.

Decision snapshot

  • Governing provision: 29 C.F.R. § 2700.11
  • Outcome: Withdrawal of the discrimination complaint was approved, and the case was dismissed.
  • Key point: The ALJ permitted the complainant to withdraw the case and cancelled the scheduled hearings.

Full text (FMSHRC public release)

CCASE:
HENRY GALVAN v. NEW MEXICO POTASH
DDATE:
19920115
TTEXT:

Page 2

~149

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges
2 Skyline, 10th Floor
5203 Leesburg Pike
Falls Church, Virginia 22041

HENRY GALVAN,
DISCRIMINATION PROCEEDING
COMPLAINANT
v. Docket No. CENT 91-191-DM
NEW MEXICO POTASH CORPORATION,
MSHA Case No. SC MD-9107
RESPONDENT
DISCRIMINATION PROCEEDING
Hobbs Potash Facility

ORDER OF DISMISSAL

Before: Judge Melick

Complainant, in essence, requests approval to withdraw his complaint in the captioned case. Under the circumstances herein, permission to withdraw is granted. 29 C.F.R. 2700.11. This case is therefore dismissed. The hearings previously scheduled to commence on January 21, 1992, are accordingly cancelled.

Gary Melick
Administrative Law Judge

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