Ezel / Agency Decisions / kent-92-915-alj
FMSHRC ALJ decision Docket KENT 92-915 Decided December 9, 1992 Procedural Judge Jerold Feldman Transcribed from scan

Elmer Darrell Burgan v. Harlan Cumberland Coal Co.

Elmer Darrell Burgan v. Harlan Cumberland Coal Co. (FMSHRC KENT 92-915): Hearing continued without date

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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.
Interlocutory ALJ order, not Commission precedent
This order granted a continuance while the discrimination proceeding continued. It did not dispose of the case or become a final decision under the 40-day rule in 30 U.S.C. § 823(d)(1). It 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.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

Plain-English summary

Elmer Darrell Burgan's discrimination hearing against Harlan Cumberland Coal Company was scheduled for December 22, 1992. The parties asked to continue the hearing while they sought to consolidate Burgan's claim with a related, not-yet-docketed discrimination case against commonly owned Dixie Fuel Company. Judge Jerold Feldman granted the joint motion and continued the hearing without setting a new date.

Decision snapshot

  • Cited standards: None identified in the order
  • Outcome: The joint motion for a continuance was granted, and the hearing was continued without date.
  • Key point: The judge deferred the hearing while awaiting discovery and assignment of a related case that could affect consolidation.

Full text (FMSHRC public release)

Page 2

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ELMER DARRELL BURGAN, : DISCRIMINATION PROCEEDING
Complainant :
: Docket No. KENT 92-915
v. : BARB-CD-92-31
:
HARLAN CUMBERLAND COAL CO., : Harlan Mine
Respondent :

                  ORDER OF CONTINUANCE

 Before me for consideration is a Joint Motion for Continuance

of the hearing in this matter scheduled for December 22, 1992, in
Lexington, Kentucky. The instant motion is predicated on the
parties' intention to seek consolidation of this proceeding with
the complainant's discrimination claim against Dixie Fuel Company,
a case that has yet to be docketed or assigned to me. Harlan
Cumberland Coal Company and Dixie Fuel Company are apparently
commonly owned. This matter allegedly concerns safety complaints
made by Mr. Burgan at the Harlan Cumberland Coal Company and
Mr. Burgan's subsequent transfer and ultimate discharge from his
employment at the Dixie Fuel Company.

 In their Joint Motion, the parties have agreed to inform me

when discovery is completed in the Dixie Fuel case. Upon
completion of discovery and the assignment of the Dixie Fuel matter
to me, I will issue an order addressing the complainant's request
for consolidation and the rescheduling of these trial proceedings.

 In view of the above, the parties' Joint Motion for

Continuance IS GRANTED, and the hearing in this discrimination
matter is continued without date.

                              Jerold Feldman
                              Administrative Law Judge
                              (703) 756-5233

Distribution:

Kent Hendrickson, Esq., Rice, Huff & Hendrickson, 417 East Mound
Street, P.O. Box 980, Harlan, KY 40831 (Certified Mail)

Phyllis L. Robinson, Esq., P.O. Box 952, Hyden, KY 41749
(Certified Mail)

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