Consol of Kentucky, Inc. (ALJ decision, April 24, 1997)

Plain-English summary

Consol of Kentucky and Norman Blankenship faced a temporary-reinstatement proceeding and a related discrimination proceeding involving Dewey Runyon. After the parties reached a settlement, the Secretary requested permission to withdraw both the application and complaint. Judge Gary Melick approved the withdrawal under 29 C.F.R. § 2700.11 and dismissed both cases.

Decision snapshot

• Cited provision: 29 C.F.R. § 2700.11
• Outcome: Withdrawal of the temporary-reinstatement application and discrimination complaint was approved, and both proceedings were dismissed.
• Key point: A settlement may resolve both a temporary-reinstatement application and a related discrimination complaint before a merits decision.

Full text (FMSHRC public release)

[DOCID: f:k96-387d.wais]

CONSOL OF KENTUCKY, INC. AND NORMAN BLANKENSHIP
April 24, 1997
KENT 96-387-D

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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

April 24, 1997

SECRETARY OF LABOR, : TEMPORARY REINSTATEMENT PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. KENT 96-387-D
on behalf of DEWEY RUNYON, : PIKE CD 96-06
Applicant :
: Racoon Branch and
v. : Jones Fork/Brushy Mines
: Mine ID 15-17667
CONSOL OF KENTUCKY, INC. AND :
NORMAN BLANKENSHIP, :
Respondent :
:
:
SECRETARY OF LABOR, : DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. KENT 96-388-D
on behalf of DEWEY RUNYON, : PIKE CD 96-06
Complainant :
: Racoon Branch and
v. : Jones Fork/Brushy Mines
: Mine ID 15-17667
CONSOL OF KENTUCKY, INC., AND :
NORMAN BLANKENSHIP, :
Respondent :

DECISION

Appearances: Donna E. Sonner, Esq., Office of the
Solicitor, U.S. Department of Labor,
Nashville, TN, on behalf of Secretary;
Tony Oppegard, Esq., Lexington, Kentucky, on
behalf of Dewey Runyon;
David J. Hardy, Esq., Charleston, West Virginia,
and Elizabeth Chamberlin, Esq., Consol of
Kentucky, Pittsburgh, Pennsylvania, on behalf of
Consol of Kentucky.

Before: Judge Melick

Following initial hearings, the Secretary, in effect,
requested approval to withdraw his Application for Temporary
Reinstatement and Discrimination Complaint in the captioned cases
on the grounds that the parties have reached a settlement. Under
the circumstances herein, permission to withdraw is granted. 29
C.F.R. § 2700.11. These cases are therefore dismissed.

Gary Melick
Administrative Law Judge

Distribution:

Donna E. Sonner, Esq., Office of the Solicitor, U.S. Dept. of
Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN 37215

Tony Oppegard, Esq., Mine Safety Project of the Appalachian
Research & Defense Fund of KY, Inc., 630 Maxwelton Court,
Lexington, KY 40508

Elizabeth Chamberlin, Esq., Consol, Inc., 1800 Washington Road,
Pittsburgh, PA 15241

David J. Hardy, Esq., Jackson & Kelly, P.O. Box 553, Charleston,
WV 25322

/jf