Ezel / Agency Decisions / KENT 80-14-D

Island Creek Coal Company (ALJ decision, January 18, 1983)

Island Creek Coal Company (FMSHRC KENT 80-14-D and related dockets): Six discrimination complaints dismissed after withdrawal

Decision type
ALJ decision
Dockets
KENT 80-14-D, KENT 80-15-D, KENT 80-22-D, KENT 80-23-D, KENT 80-42-D, KENT 80-52-D
Decided
January 18, 1983
Presiding judge
William Fauver
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-10-21
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1983 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 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.
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 binding on the Commission in other cases. 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 brought six discharge, discrimination, or interference complaints against Island Creek Coal Company on behalf of four miners. The Secretary moved to withdraw each complaint. Judge William Fauver granted the motion for good cause and dismissed all six proceedings. The brief order does not decide whether discrimination occurred or explain the grounds for withdrawal.

Decision snapshot

  • Cited standard(s): None identified in this dismissal order.
  • Outcome: The Secretary's withdrawal motion was granted and all six proceedings were dismissed.
  • Key point: The order ends the complaints without a ruling on their merits.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. ISLAND CREEK COAL
DDATE:
19830118
TTEXT:
~131

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
Complaint of Discharge,
ON BEHALF OF
Discrimination, or Interference
ANTHONY E. HERIGES, TOM ANTONINI,
JOHNNY GIBSON AND LARRY HALEY,
Docket No. KENT 80-14-D
COMPLAINANT
KENT 80-15-D
KENT 80-22-D
v. KENT 80-23-D
KENT 80-42-D
ISLAND CREEK COAL COMPANY,
KENT 80-52-D
RESPONDENT

ORDER OF DISMISSAL

FOR GOOD CAUSE SHOWN, the Secretary's motion to withdraw his complaint in each of the above cases is GRANTED.

WHEREFORE IT IS ORDERED that the above proceedings are DISMISSED.

WILLIAM FAUVER
JUDGE

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