Ezel / Agency Decisions / kent-89-61-d-alj
FMSHRC ALJ decision Docket KENT 89-61-D Decided March 27, 1989 Procedural Judge Avram Weisberger

Peabody Coal Company

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

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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

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