Ezel / Agency Decisions / KENT 92-718-D

Leeco Inc. (ALJ decision, November 5, 1992)

Leeco Inc. (FMSHRC KENT 92-718-D): Discrimination complaint dismissed after withdrawal

Decision type
ALJ decision
Docket
KENT 92-718-D
Decided
November 5, 1992
Presiding judge
Jerold Feldman
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-15
Cited standards
29 C.F.R. § 2700.11
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

Coy Crabtree filed a discrimination complaint against Leeco Inc. under the Mine Act. The Secretary moved to withdraw the complaint and stated that Crabtree also intended to withdraw his complaint with the Mine Safety and Health Administration. Judge Jerold Feldman granted permission to withdraw under 29 C.F.R. § 2700.11 and dismissed the case.

Decision snapshot

  • Governing rule: 29 C.F.R. § 2700.11.
  • Outcome: The discrimination proceeding was dismissed after withdrawal was approved.
  • Key point: The judge permitted withdrawal of the Secretary's complaint and dismissed the case.

Full text (FMSHRC public release)

CCASE:
MSHA (COY CRABTREE) V. LEECO INC.
DDATE:
19921105
TTEXT:

Page 2

~1789

SECRETARY OF LABOR, : DISCRIMINATION PROCEEDING MINE SAFETY AND HEALTH : ADMINISTRATION on behalf : Docket No. KENT 92-718-D
of COY CRABTREE
: BARB-CD-91-32
Complainant :
v. : Mine: No. 60
:
LEECO INC.,
:
Respondent :

ORDER OF DISMISSAL

Before: Judge Feldman

The Secretary has filed a dismissal motion requesting approval to withdraw her complaint in the captioned case for the reasons stated therein. In addition, the Secretary states that the complaining miner, Coy Crabtree, also intends to withdraw his complaint with the Mine Safety and Health Administration. Under the circumstances herein, permission to withdraw is granted. 29 C.F.R. 2700.11. This case is therefore DISMISSED.

Jerold Feldman
Administrative Law Judge
(703) 756-5233
Distribution:

Joseph B. Luckett, Esq., Office of the Solicitor, U.S. Department of Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN 37215 (Certified Mail)

Timothy J. Walker, Esq., Martin J. Cunningham, III, Esq., Reece, Lang and Breeding, P.S.C., P.O. Drawer 5087, London, KY 40745-5087 (Certified Mail)

Mr. Coy Crabtree, P.O. Box 243, Viper, Kentucky 41774

/vmy

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