Ezel / Agency Decisions / kent-2011-1152-d-alj
FMSHRC ALJ decision Docket KENT 2011-1152-D, KENT 2011-1258-D Decided November 7, 2011 Settled Judge Gary Melick

Secretary of Labor on behalf of Thurman Wayne Pruitt v. Grand Eagle Mining, Inc.

Secretary of Labor on behalf of Thurman Wayne Pruitt v. Grand Eagle Mining, Inc. (FMSHRC KENT 2011-1152-D and KENT 2011-1258-D): Reinstatement and discrimination cases dismissed

Apply this to your situation

This order from 2011 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 2011
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

The Secretary asked to withdraw temporary-reinstatement and discrimination complaints involving miner Thurman Wayne Pruitt and Grand Eagle Mining. Pruitt agreed to the withdrawal based on a mutually agreeable settlement. Judge Gary Melick permitted the withdrawal under 29 C.F.R. § 2700.11 and dismissed both cases.

Decision snapshot

  • Governing provision: 29 C.F.R. § 2700.11
  • Outcome: The withdrawal was allowed and both cases were dismissed following settlement.
  • Key point: The judge allowed the Secretary to withdraw the complaints after the affected miner agreed to the settlement-based dismissal.

Full text (FMSHRC public release)

FMSHRC ALJ Decision

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

601 NEW JERSEY AVENUE N. W., SUITE 9500

WASHINGTON, D.C. 20001

November 7, 2011

SECRETARY OF LABOR,MSHA,

on behalf of THURMAN WAYNE

PRUITT,

Complainant

v.

GRAND EAGLE MINING, INC.,

Respondent

:

:

:

:

:

:

:

:

:

:

:

:

:

TEMPORARY REINSTATEMENT

PROCEEDING

Docket No. KENT 2011-1152-D

MADI-CD-2011-08

DISCRIMINATION PROCEEDING

Docket No. KENT 2011-1258-D

MADI-CD-2011-08

Grand Eagle Prep Plant

Mine ID 15-19011

ORDER OF DISMISSAL

Appearances:  Jennifer Booth Thomas, Esq., Office of the Solicitor, U.S. Department of Labor,
Nashville, Tennessee, on behalf of the Secretary;

Tony Oppegard, Esq., Lexington, Kentucky, on behalf of Thurman Wayne Pruitt;

Jeffrey K. Phillips, Esq., Steptoe & Johnson, PLLC, Lexington, Kentucky, on behalf
of Grand Eagle Mining, Inc.,

Before:            Judge Melick 

The Secretary requests approval to withdraw her complaint in the captioned cases. The
individual miner, who is the subject of the complaint, has also agreed to the withdrawal based on a
mutually agreeable settlement. Under the circumstances herein, permission to withdraw is granted.
29 C.F.R. § 2700.11.. The cases are therefore dismissed.

/s/

Gary Melick

Administrative Law Judge

(202) 434-9977

Distribution:(By Certified Mail, and Email)

Jennifer Booth Thomas, Esq., U.S. Department of Labor, Office of the Solicitor, 618 Church Street,
Suite 230, Nashville, TN 37219

Tony Oppegard, Esq., P.O. Box 22446, Lexington, Kentucky 40522

Jeffrey Phillips, Esq., Steptoe & Johnson, 1010 Monarch Street, Suite 250, P.O. Box 910810,
Lexington, KY 40591-0810

/to

Get today's answer for your situation

You just read what one judge decided for one employer in 2011, and it binds only those parties. Ezel checks the current MSHA standards and Commission precedent and answers your specific situation, with citations.

Opens in Ezel Pro. Every answer cites the authority it relies on.