Ezel / Agency Decisions / KENT 88-57-D

Johnson Coal Company, Incorporated (ALJ decision, August 12, 1988)

Johnson Coal Company, Incorporated (FMSHRC KENT 88-57-D, KENT 88-58-D, KENT 88-59-D, KENT 88-60-D and KENT 88-61-D): Discrimination proceedings dismissed after settlements

Decision type
ALJ decision
Dockets
KENT 88-57-D, KENT 88-58-D, KENT 88-59-D, KENT 88-60-D, KENT 88-61-D
Decided
August 12, 1988
Presiding judge
Gary Melick
Outcome
Settled
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 under the Mine Act's 40-day rule
This administrative law judge decision became a final decision of the Commission because no Commissioner directed review within 40 days, under 30 U.S.C. § 823(d)(1). It is binding on the parties but is not Commission precedent. 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

Five discrimination proceedings were brought on behalf of Elliott Rowe Jr., Agnel Amburgey, Everett Watkins, Edsel Baker, and Calvin Baker against Johnson Coal Company. The complainants requested permission to withdraw their complaints because the parties had reached agreed settlements. Judge Gary Melick granted permission to withdraw and dismissed all five cases.

Decision snapshot

  • Cited standards: 29 C.F.R. § 2700.11
  • Outcome: The five discrimination proceedings were withdrawn and dismissed after agreed settlements.
  • Key point: An ALJ may dismiss a discrimination proceeding when the complainants request withdrawal after reaching a settlement.

Full text (FMSHRC public release)

+CCASE:
SOL (MSHA) V. JOHNSON COAL
DDATE:
19880812
TTEXT:

Page 2

~1022
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

SECRETARY OF LABOR,
DISCRIMINATION PROCEEDINGS
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. KENT 88-57-D
ON BEHALF OF
BARB CD 87-46
ELLIOTT ROWE, JR.,
AGNEL AMBURGEY,
Docket No. KENT 88-58-D
EVERETT WATKINS,
BARB CD 87-47
EDSEL BAKER,
CALVIN BAKER,
Docket No. KENT 88-59-D
COMPLAINANTS
BARB CD 87-48

v. Docket No. KENT 88-60-D
BARB CD 87-50
JOHNSON COAL COMPANY,
INCORPORATED,
Docket No. KENT 88-61-D
RESPONDENT
BARB CD 87-49

No. 11 Mine

ORDER OF DISMISSAL

Appearances: Michael L. Roden, Esq., Office of the Solicitor, U.S. Department of Labor for Complainants;
Paul R. Collins, Esq., Nancy M. Collins, Esq., Hollon, Hollon, Hollon, Hazard, Kentucky;
Tony Oppegard, Esq., Appalachian Research and Defense Fund of Kentucky, Hazard, Kentucky, Intervenor.

Before: Judge Melick

The Complainants herein have, in substance, requested approval to withdraw their respective complaints in the captioned cases for the reason that they have reached agreed settlements. Under the circumstances herein, permission to withdraw is granted. 29 C.F.R. 2700.11. These cases are therefore dismissed.

Gary Melick
Administrative Law Judge
(703) 756-6261

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