Ezel / Agency Decisions / kent-91-239-d-alj
FMSHRC ALJ decision Docket KENT 91-239-D Decided November 8, 1991 Procedural Judge Gary Melick

James N. Boyd v. Trojan Mining Company

James N. Boyd v. Trojan Mining Company (FMSHRC KENT 91-239-D): Discrimination complaint dismissed after withdrawal

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This order from 1991 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 1991
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

James N. Boyd asked to withdraw his discrimination complaint against Trojan Mining Company. Judge Gary Melick granted permission to withdraw the complaint under 29 C.F.R. § 2700.1. The case was dismissed, and the hearings scheduled for November 8, 1991, were cancelled.

Decision snapshot

  • Cited provision: 29 C.F.R. § 2700.1
  • Outcome: The request to withdraw the complaint was granted, the case was dismissed, and the scheduled hearings were cancelled.
  • Key point: The ALJ allowed the complainant to withdraw the case before the scheduled hearings.

Full text (FMSHRC public release)

~1821
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.)
Office of Administrative Law Judges

JAMES N. BOYD, DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. KENT 91-239-D
v. MSHA Case No. PIKE CD 91-08

TROJAN MINING COMPANY, Trojan Mine
RESPONDENT

                      ORDER OF DISMISSAL

Before: Judge Melick

 Complainant requests approval to withdraw his complaint in

the captioned case. Under the circumstances herein, permission to
withdraw is granted. 29 C.F.R. 2700.1. This case is therefore
dismissed, and the hearings previously scheduled for November 8,
1991, are accordingly cancelled.

                                Gary Melick
                                Administrative Law Judge

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