Ezel / Agency Decisions / KENT 88-135-D

Jericol Mining Inc. (ALJ decision, October 21, 1988)

Jericol Mining Inc. (FMSHRC KENT 88-135-D): Discrimination complaint dismissed

Decision type
ALJ decision
Docket
KENT 88-135-D
Decided
October 21, 1988
Presiding judge
Roy J. Maurer
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-20
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 1988 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 1988
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

David Johnson asked to withdraw his discrimination complaint against Jericol Mining Inc. because he no longer wanted a hearing. Judge Roy J. Maurer granted permission to withdraw the complaint under 29 C.F.R. § 2700.11. The case was dismissed.

Decision snapshot

  • Cited authority: 29 C.F.R. § 2700.11
  • Outcome: The discrimination complaint was withdrawn and dismissed.
  • Key point: A complainant may withdraw a discrimination complaint with the Judge's permission.

Full text (FMSHRC public release)

CCASE:
DAVID JOHNSON V. JERICOL MINING INC.
DDATE:
19881021
TTEXT:

Page 2

~1455

Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

DAVID JOHNSON,
DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. KENT 88-135-D
v. BARB CD 88-20

JERICOL MINING INC.,
Darby's Mine
RESPONDENT

ORDER OF DISMISSAL

Before: Judge Maurer

The Complainant, David Johnson, requests approval to withdraw his Complaint in the captioned case on the grounds that he has reconsidered his decision to proceed with the Complaint and no longer desires a hearing concerning this matter. Under the circumstances herein, permission to withdraw is granted. 29 C.F.R. 2700.11. The case is therefore dismissed.

Roy J. Maurer
Administrative Law Judge

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