Ezel / Agency Decisions / KENT 85-41-D

E & T Trucking and Elmo Mayes (ALJ decision, August 22, 1985)

E & T Trucking and Elmo Mayes (FMSHRC KENT 85-41-D, KENT 85-42-D, and KENT 85-43-D): Discrimination complaints dismissed after settlement

Decision type
ALJ decision
Dockets
KENT 85-41-D, KENT 85-42-D, KENT 85-43-D
Decided
August 22, 1985
Presiding judge
Gary Melick
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-27
Cited standards
29 C.F.R. § 2700.11
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1985 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 1985
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

James King, Kenneth Music, and John D. Music, Jr. brought discrimination complaints against E & T Trucking and Elmo Mayes. The parties reached a settlement during the hearings. Judge Gary Melick granted the complainants' request to withdraw their complaints under 29 C.F.R. § 2700.11. The three cases were dismissed.

Decision snapshot

  • Cited standard: 29 C.F.R. § 2700.11
  • Outcome: The complaints were withdrawn after settlement, and all three cases were dismissed.
  • Key point: After the parties agreed to a settlement, the judge permitted withdrawal of the discrimination complaints and dismissed the cases.

Full text (FMSHRC public release)

CCASE:
J. KING, K. MUSIC & J.D. MUSIC JR. v.
E & T TRUCKING & ELMO MAYES
DDATE:
19850822
TTEXT:

Page 2

~1291
Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

JAMES KING,
DISCRIMINATION PROCEEDINGS
KENNETH MUSIC, AND,
JOHN D. MUSIC, JR.,
Docket No. KENT 85-41-D
COMPLAINANTS
MSHA Case No. PIKE CD 84-13
v.
Docket No. KENT 85-42-D
E & T TRUCKING AND,
MSHA Case No. PIKE CD 84-13
ELMO MAYES,
RESPONDENTS
Docket No. KENT 85-43-D
MSHA Case No. PIKE CD 84-13

ORDER OF DISMISSAL

Appearances: Stephen A. Sanders, Esq., Applachian Research and Defense Fund of Kentucky, Inc.,
Prestonsburg, Kentucky and Tony Oppegard, Esq., Appalachian Research and Defense Fund of Kentucky, Inc., Hazard, Kentucky for
Complainants;
Edward M. Dooley, Esq., Middlesboro, Kentucky; for Respondents.

Before: Judge Melick

At hearings, the parties agreed upon a settlement and the Complainants accordingly, request to withdraw their Complaints herein. Under the circumstances permission to withdraw is granted. 29 C.F.R. 2700.11. The cases are therefore dismissed.

Gary Melick
Administrative Law Judge

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