Ezel / Agency Decisions / KENT 92-238-DM

Saturn Materials, Inc., Black Gold Coal Company, and Talbert Ball (ALJ decision, August 31, 1992)

Saturn Materials, Inc., Black Gold Coal Company, and Talbert Ball (FMSHRC KENT 92-238-DM): Discrimination case dismissed after settlement withdrawal

Decision type
ALJ decision
Docket
KENT 92-238-DM
Decided
August 31, 1992
Presiding judge
Gary Melick
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-15
Cited standards
29 C.F.R. § 2700.1
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

Lonnie D. Mullins asked to withdraw his discrimination complaint against Saturn Materials, Black Gold Coal Company, and Talbert Ball under a settlement agreement resolving the disputed claims. Judge Gary Melick granted permission to withdraw the complaint under the Commission’s procedural rules and dismissed the case.

Decision snapshot

  • Governing authority: 29 C.F.R. § 2700.1
  • Outcome: The complaint was withdrawn under a settlement and the case was dismissed.
  • Key point: The judge approved withdrawal of the discrimination complaint after the parties reached a settlement resolving the disputed claims.

Full text (FMSHRC public release)

CCASE:
LONNIE MULLINS V. SATURN MATERIALS
DDATE:
19920831
TTEXT:

Page 2

~1506

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

LONNIE D. MULLINS,
DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. KENT 92-238-DM
v. MSHA Case No. SE-MD-91-02

SATURN MATERIALS, INC.,
BLACK GOLD COAL COMPANY,
AND TALBERT BALL,
RESPONDENTS

ORDER OF DISMISSAL

Before: Judge Melick

Complaint requests authority to withdraw his complaint in the captioned case on the basis of a settlement agreement resolving all disputed claims. Under the circumstances herein, permission to withdraw is granted. 29 C.F.R. 2700.1. This case is therefore DISMISSED.

Gary Melick
Administrative Law Judge

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