Ezel / Agency Decisions / kent-85-41-d-alj
FMSHRC ALJ decision Docket KENT 85-41-D, KENT 85-42-D, KENT 85-43-D Decided August 22, 1985 Settled Judge Gary Melick

E & T Trucking and Elmo Mayes

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

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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  • Outcome: The complaints were withdrawn after settlement, and all three cases were dismissed.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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