Ezel / Agency Decisions / CENT 94-61-D

Kenneth J. Garrett v. Basin Cooperative Services (ALJ decision, October 17, 1994)

Kenneth J. Garrett v. Basin Cooperative Services (FMSHRC CENT 94-61-D): Proceeding dismissed on withdrawal

Decision type
ALJ decision
Docket
CENT 94-61-D
Decided
October 17, 1994
Presiding judge
Richard W. Manning
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-13
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1994 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 1994
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.
Read the official release (fmshrc.gov)

Plain-English summary

Kenneth J. Garrett withdrew his discrimination complaint after stating that he had been fully compensated financially for the missed workday at issue. He also said he had initially pursued the case partly to address safety issues based on a mistaken belief that the Commission and MSHA were linked, and that he would pursue those issues directly with MSHA. The administrative law judge found good cause and dismissed the proceeding.

Decision snapshot

  • Cited standard(s): None identified in the release.
  • Outcome: The discrimination proceeding was dismissed after the complainant withdrew it.
  • Key point: The judge dismissed the case for good cause after the complainant stated he no longer wished to pursue it.

Full text (FMSHRC public release)

CCASE:
K.J. GARRETT V. BASIN COOPERATIVE SVCS DDATE: 19941017 TTEXT:

Page 2

~2121
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1244 SPEER BOULEVARD #280
DENVER, CO 80204-3582
(303) 844-5267/FAX (303) 844-5268

KENNETH J. GARRETT,
: DISCRIMINATION PROCEEDING
Complainant :
: Docket No. CENT 94-61-D
v. : DENV CD 93-13
:
BASIN COOPERATIVE SERVICES, :
Respondent : Glenharold Mine

DECISION DISMISSING PROCEEDING

Before: Judge Manning

In a letter dated October 10, 1994, Kenneth J. Garrett stated that he no longer wishes to pursue his discrimination complaint because he has been "fully compensated financially for the day of work missed [when] Basin Cooperative Services send [him] home for going on the mine inspection." He further stated that he brought this case, in part, to resolve certain safety issues on the mistaken belief that the Commission and the Department of Labor's Mine Safety and Health Administration (MSHA) are "linked." He stated that he will pursue these issues directly with MSHA.

For good cause shown, this proceeding is DISMISSED.

Richard W. Manning
Administrative Law Judge

Distribution:

Mr. Kenneth J. Garrett, Box 159, Route 2, Pick City, ND 58545

Deborah Levchak, Esq., Office of the General Council, BASIN ELECTRIC POWER COOP, 1717 East Interstate Avenue, Bismarck, ND 58501

RWM

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