Ezel / Agency Decisions / KENT 92-51-C

Trojan Mining Company (ALJ decision, March 5, 1994)

Trojan Mining Company (FMSHRC KENT 92-51-C): Compensation proceeding dismissed

Decision type
ALJ decision
Docket
KENT 92-51-C
Decided
March 5, 1994
Presiding judge
Gary Melick
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-14
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1994 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 1994
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 Boyd, on behalf of Local Union 1468 of the United Mine Workers of America, was ordered to show cause why the compensation proceeding should not be dismissed. No response was received by the deadline. Judge Gary Melick dismissed the case.

Decision snapshot

  • Cited standards: The order does not identify specific Mine Act standards.
  • Outcome: The compensation proceeding was dismissed after no response to the show-cause order was received.
  • Key point: Failure to respond to an order to show cause led to dismissal of the proceeding.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

JAMES BOYD, on behalf of
: COMPENSATION PROCEEDING
LOCAL UNION 1468, UMWA
:
Complainants : Docket No. KENT 92-51-C
v. : Mine No. 1 15-11726
TROJAN MINING COMPANY,
:
Respondent :

ORDER OF DISMISSAL

Before: Judge Melick

On February 24, 1994, an order was issued directing Complainants to show cause on or before March 18, 1994, why this case should not be dismissed. To date no response to the order has been received. Accordingly, this case is DISMISSED.

Gary Melick
Administrative Law Judge

Distribution:

Mr. James Boyd, Local Union 1468, UMWA, Box 596,
Elkhorn City, KY 41522 (Certified Mail)

C. Tom Anderson, President, Trojan Mining Company,
P.O. Box 280, Ashcamp, KY 41512 (Certified Mail)

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