Ezel / Agency Decisions / DENV 76-29-P

Secretary of Labor (MSHA) v. Manuel Palacios (Commission decision, September 22, 1981)

Secretary of Labor v. Manuel Palacios (FMSHRC DENV 76-29-P): Case and cross-appeal dismissed

Decision type
Commission decision
Dockets
DENV 76-29-P, IBMA 77-45
Decided
September 22, 1981
Outcome
Procedural
Precedential status
Citable Commission precedent
Checked against source
2026-10-22
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

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This is citable Commission precedent from 1981, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Currency note: this decision dates from 1981
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.
Decision of the Commission
This order dismissed the Secretary's case and Palacios's cross-appeal at their request. It contains no merits ruling or Commission precedent on the underlying dispute. 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 asked to dismiss the case against Manuel Palacios voluntarily. Palacios also asked to dismiss his cross-appeal. The Commission granted both requests. The short order gives no reasons for either request and assesses no penalty.

Decision snapshot

  • Governing issue: Voluntary dismissal of the case and cross-appeal.
  • Outcome: Both dismissal requests granted; no merits ruling or penalty.
  • Key point: The Commission ended the matter on the parties' requests without deciding the underlying dispute.

Full text (FMSHRC public release)

CCASE:
MSHA V. MANUEL PALACIOS
DDATE:
19810922
TTEXT:
FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION
WASHINGTON, D.C.
September 22, 1981
SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA)
Docket No. DENV 76-29-P
v. IBMA 77-45

MANUEL PALACIOS

ORDER
The Secretary of Labor's motion for voluntary dismissal
and respondent's request for dismissal of his cross-appeal are
granted.
~2042
Distribution
Ann S. Rosenthal, Esq.
Michael McCord, Esq.
Office of the Solicitor
U.S. Department of Labor
4015 Wilson Blvd.
Arlington, Virginia 22203
Michael T. Heenan, Esq.
Smith, Heenan, Althen & Zanoli
1110 Vermont Ave., N.W.
Washington, D.C. 20005

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