Ezel / Agency Decisions / KENT 91-1036-D

Marvin David Warren v. Webster County Coal Corporation (ALJ decision, June 24, 1992)

Marvin David Warren v. Webster County Coal Corporation (FMSHRC KENT 91-1036-D): Discrimination complaint withdrawn after settlement

Decision type
ALJ decision
Docket
KENT 91-1036-D
Decided
June 24, 1992
Presiding judge
Avram Weisberger
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-15
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1992 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 1992
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

Marvin David Warren filed a Mine Act discrimination complaint against Webster County Coal Corporation and later reported that he had resolved his differences with the company. Judge Avram Weisberger granted Warren's motion to withdraw the complaint and dismissed the case with prejudice.

Decision snapshot

  • Cited standards: None stated in the decision.
  • Outcome: The motion to withdraw was granted, and the case was dismissed with prejudice.
  • Key point: The ALJ approved withdrawal after the complainant reported resolving his differences with the operator.

Full text (FMSHRC public release)

CCASE:
MARVIN DAVID WAREN V. WEBSTER COUNTY COAL
DDATE:
19920624
TTEXT:

Page 2

~1052

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges
2 SKYLINE, 10TH FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

MARVIN DAVID WARREN,
DISCRIMINATION PROCEEDING
COMPLAINANT
v. Docket No. KENT 91-1036-D
MSHA Case No. MADI CD 91-01
WEBSTER COUNTY COAL CORPORATION,
RESPONDENT
Retiki Mine

ORDER OF DISMISSAL

Before: Judge Weisberger

On June 22, 1992, Complainant filed a Motion to Withdraw Complaint indicating that he has resolved his differences with Webster County Coal Corporation.

Accordingly, the Motion is Granted. This case is ordered dismissed with prejudice.

Avram Weisberger
Administrative Law Judge

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