Ezel / Agency Decisions / KENT 89-45-D

Big Elk Creek Coal Company, Inc. (ALJ decision, March 30, 1989)

Big Elk Creek Coal Company, Inc. (FMSHRC KENT 89-45-D): Discrimination case dismissed after withdrawal

Decision type
ALJ decision
Docket
KENT 89-45-D
Decided
March 30, 1989
Presiding judge
George A. Koutras
Outcome
Procedural
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 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 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

Arnold Sharp asked to withdraw his discrimination complaint against Big Elk Creek Coal Company. Judge George A. Koutras granted the request and dismissed the case. The order contains no ruling on the underlying discrimination allegations.

Decision snapshot

  • Cited provision: None stated in the decision.
  • Outcome: The complaint was withdrawn and the discrimination proceeding was dismissed.
  • Key point: The ALJ ended the proceeding after the complainant requested withdrawal.

Full text (FMSHRC public release)

CCASE:
ARNOLD SHARP V. BIG ELK CREEK COAL
DDATE:
19890330
TTEXT:

Page 2

~446
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

ARNOLD SHARP,
DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. KENT 89-45-D
v. MSHA Case No. PIKE CD 88-18

BIG ELK CREEK COAL COMPANY,
INC.,
RESPONDENT

ORDER OF DISMISSAL

Before: Judge Koutras

Mr. Sharp's request of March 27, 1989, to withdraw his complaint in this matter IS GRANTED, and this case IS DISMISSED.

George A. Koutras
Administrative Law Judge

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