Ezel / Agency Decisions / EAJ 83-1

Russell Collins and Virgil Kelley v. Secretary of Labor (MSHA) (Commission decision, October 27, 1983)

Russell Collins and Virgil Kelley v. Secretary of Labor (MSHA) (FMSHRC EAJ 83-1): Review withdrawn and ALJ order made final

Decision type
Commission decision
Docket
EAJ 83-1
Decided
October 27, 1983
Outcome
Procedural
Precedential status
Citable Commission precedent
Checked against source
2026-10-21
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this precedent to your situation

This is citable Commission precedent from 1983, 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 1983
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
The Commission allowed the petitioners to withdraw their request for discretionary review and vacated its earlier direction for review. The ALJ decision therefore stands as the final Commission order in this proceeding. 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

Counsel for Russell Collins and Virgil Kelley asked to withdraw their petition for discretionary review of an ALJ decision. The Commission granted the motion and vacated its September 2, 1983 direction for review. The ALJ decision consequently stands as the final Commission order. This brief order does not state the underlying ALJ outcome or a monetary award.

Decision snapshot

  • Cited standard: None identified in the order.
  • Outcome: Petition for discretionary review withdrawn; ALJ decision stands as final Commission order.
  • Key point: With Commission review withdrawn, the ALJ decision controls the proceeding.

Full text (FMSHRC public release)

CCASE:
RUSSELL COLLINS & VIRGIL KELLEY V. SOL (MSHA) DDATE: 19831027 TTEXT:

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION WASHINGTON, DC
October 27, 1983

RUSSELL COLLINS AND VIRGIL KELLEY

v. Docket No. EAJ 83-1

SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA)

ORDER

The motion filed by counsel for Russell Collins and Virgil Kelley for permission to withdraw their petition for discretionary review in this matter is granted. Accordingly, our direction for review issued on September 2, 1983, is hereby vacated and the administrative law judge's decision stands as the final Commission order in this proceeding.

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