Ezel / Agency Decisions / KENT 89-61-D

Peabody Coal Company (ALJ decision, March 27, 1989)

Peabody Coal Company (FMSHRC KENT 89-61-D): Discrimination complaint dismissed after withdrawal

Decision type
ALJ decision
Docket
KENT 89-61-D
Decided
March 27, 1989
Presiding judge
Avram Weisberger
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-17
Cited standards
30 U.S.C. § 815(c)
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

Terry G. Miller asked to withdraw his discrimination complaint against Peabody Coal Company so the matter could be settled. Judge Avram Weisberger granted the request and dismissed the complaint. The order contains no ruling on the underlying discrimination allegations.

Decision snapshot

  • Governing provision: 30 U.S.C. § 815(c)
  • Outcome: The discrimination complaint was dismissed after the complainant requested withdrawal.
  • Key point: The ALJ ended the proceeding on the complainant's request without deciding the merits.

Full text (FMSHRC public release)

CCASE:
TERRY G. MILLER V. PEABODY COAL
DDATE:
19890327
TTEXT:

Page 2

~432
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

TERRY G. MILLER,
DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. KENT 89-61-D v.
MADI CD 88-18
PEABODY COAL COMPANY,
RESPONDENT
Camp #2

ORDER OF DISMISSAL

Before: Judge Weisberger

Complainant filed a request on March 8, 1989, to withdraw his complaint as stated: "I Terry G. Miller wish to withdraw the 105c complaint (Docket # KENT 89-61-D) that I filed against Peabody Coal Co. in order that this matter may be settled. This is in the best interest of Local 1802 of "The United Mine Workers of America"."

Accordingly, based on the Complaint's request, the Complaint is DISMISSED.

Avram Weisberger
Administrative Law Judge
(703) 756-6210

What applies to your situation today?

This order bound one employer. Ezel checks the current MSHA standards and Commission precedent against your facts, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace