Ezel / Agency Decisions / KENT 88-180-D

Bob & Tom Coal, Inc. (ALJ decision, April 5, 1989)

Bob & Tom Coal, Inc. (FMSHRC KENT 88-180-D): Discrimination complaint dismissed after settlement

Decision type
ALJ decision
Docket
KENT 88-180-D
Decided
April 5, 1989
Presiding judge
Roy J. Maurer
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-17
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1989 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 1989
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 order, not Commission precedent
This decision by an FMSHRC Administrative Law Judge became the final decision of the Commission 40 days after issuance because the Commission did not direct review (30 U.S.C. § 823(d)(1)). 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

George H. Adkins and Bob & Tom Coal, Inc. jointly asked to dismiss the discrimination case after reaching a mutually agreeable settlement. Judge Roy J. Maurer allowed the complaint to be withdrawn and dismissed the case with prejudice. The scheduled hearing was cancelled.

Decision snapshot

  • Cited standard(s): None stated in this order
  • Outcome: The discrimination complaint was withdrawn by agreement and dismissed with prejudice.
  • Key point: A settled discrimination proceeding can be withdrawn and dismissed with prejudice before the scheduled hearing.

Full text (FMSHRC public release)

CCASE:
GEORGE H. ADKINS V. BOB & TOM COAL
DDATE:
19890405
TTEXT:

Page 2

~518
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

GEORGE H. ADKINS,
DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. KENT 88-180-D
v. BARB CD 88-23

BOB & TOM COAL, INC.
No. 5 Mine
RESPONDENT

ORDER OF DISMISSAL

Before: Judge Maurer

The parties, by counsel, have jointly moved to dismiss the captioned case on the grounds that they have reached a mutually agreeable settlement. Under the circumstances herein, permission to withdraw the complaint is granted. 29 C.F.R. 2700.11. The case is therefore dismissed, with prejudice, as requested by the parties; and the hearing set for April 13, 1989, in London, Kentucky is cancelled.

Roy J. Maurer
Administrative Law Judge

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