Secretary of Labor (MSHA) on behalf of Walter W. Karnstein v. Allis-Chalmers Corporation (Commission decision, June 30, 1980)
Walter W. Karnstein v. Allis-Chalmers (FMSHRC LAKE 80-242-DM): Temporary reinstatement proceeding dismissed
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This is citable Commission precedent from 1980, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.
Plain-English summary
An ALJ had temporarily reinstated Walter W. Karnstein in a proceeding involving Allis-Chalmers Corporation. The Commission had directed review of that order. On the parties' joint motion, the Commission dissolved the temporary reinstatement order, vacated its direction for review, and dismissed the proceeding. The order gives no reason for the joint motion and assesses no penalty.
Decision snapshot
- Cited standard: No mine safety standard is cited in this order.
- Outcome: Temporary reinstatement order dissolved, Commission review vacated, and proceeding dismissed; no penalty assessed.
- Key point: The parties jointly requested the dismissal and dissolution of the temporary reinstatement order.
Full text (FMSHRC public release)
CCASE:
MSHA V. ALLIS-CHALMERS
DDATE:
19800630
TTEXT:
FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION WASHINGTON, DC
June 30, 1980
SECRETARY OF LABOR
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA) ex rel.
WALTER W. KARNSTEIN
Docket No. LAKE 80-242-DM v.
ALLIS-CHALMERS CORPORATION
ORDER
Pursuant to the joint motion filed by the parties on June 24,
1980, the order of temporary reinstatement entered by the
administrative law judge on April 2, 1980 is dissolved, the
Commission's direction for review issued on April 21, 1980 is
vacated, and this proceeding is dismissed.
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