Ezel / Agency Decisions / KENT 93-796-D

Black Dragon Mining Company (ALJ decision, August 18, 1993)

Black Dragon Mining Company (FMSHRC KENT 93-796-D): Temporary reinstatement ordered after hearing request withdrawn

Decision type
ALJ decision
Docket
KENT 93-796-D
Decided
August 18, 1993
Presiding judge
James A. Broderick
Outcome
Procedural
Precedential status
Interlocutory order, not final
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 1993 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 1993
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.
Temporary-reinstatement order, not Commission precedent
This order provided temporary relief while the underlying discrimination claim remained unresolved. It did not decide the discrimination merits 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.
Read the official release (fmshrc.gov)

Plain-English summary

Black Dragon Mining Company operated the No. 1 Mine. The company withdrew its request for a hearing on the Secretary's application for temporary reinstatement of miner Kirby Senter after the Secretary represented that a permanent-reinstatement complaint would be filed by September 10, 1993. Judge James A. Broderick found that Senter's complaint to the Secretary was not frivolously brought. He granted the withdrawal, canceled the scheduled hearing, and ordered Black Dragon to reinstate Senter effective August 12, 1993, pending action on the Secretary's permanent-reinstatement complaint. No penalty was assessed.

Decision snapshot

  • Cited authority: No mine-safety standard was stated in the order.
  • Outcome: The hearing request was withdrawn, the scheduled hearing was canceled, and temporary reinstatement was ordered.
  • Key point: The judge found the miner's complaint was not frivolously brought and ordered reinstatement while the Secretary pursued permanent reinstatement.

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

SECRETARY OF LABOR,
: TEMPORARY REINSTATEMENT
MINE SAFETY AND HEALTH : PROCEEDING ADMINISTRATION (MSHA) : on Behalf of KIRBY SENTER, : Docket No. KENT 93-796-D
Applicant : PIKE CD 93-05
v. :
: No. 1 Mine
BLACK DRAGON MINING COMPANY, :
Respondent :

ORDER GRANTING MOTION TO WITHDRAW
REQUEST FOR HEARING
AND
ORDER OF TEMPORARY REINSTATEMENT

On August 13, 1993, Respondent who had filed a request for a hearing on the Secretary's Application for Temporary Reinstatement of Kirby Senter, orally moved to withdraw its request for hearing, based on the Secretary's representation that the complaint in this case would be filed on or before September 10, 1993.

Premises considered, the motion is GRANTED, and the hearing scheduled in Pikeville, Kentucky on August 18, 1993, is CANCELED.

I have considered the Secretary's application, including the affidavit of Lawrence M. Beeman, Chief of Technical Compliance and Investigation Division, MSHA, and determine that the miner's complaint to the Secretary was not frivolously brought.

Accordingly, IT IS ORDERED that Respondent shall, effective August 12, 1993, reinstate Kirby Senter to the position of a continuous miner operator at the Black Dragon No. 1 Mine or to an equivalent position with the same pay, duties and benefits he would receive had his employment not been terminated, and to continue him in that position pending action on the Secretary's complaint for permanent reinstatement.

James A. Broderick
Administrative Law Judge

Distribution:

Stephen D. Turow, Esq., Office of the Solicitor, U. S. Department of Labor, 4015 Wilson Boulevard, Suite 400, Arlington, VA 22203 (Certified Mail)

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

Charles J. Baird, Esq., Baird, Baird, Baird & Jones, P.S.C., 415 Second Street, P. O. Box 351, Pikeville, KY 41502 (Certified Mail)

dcp

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