Ezel / Agency Decisions / lake-85-34-d-alj
FMSHRC ALJ decision Docket LAKE 85-34-D Decided September 18, 1985 Procedural Judge Joseph B. Kennedy

Peabody Coal Company

Peabody Coal Company (FMSHRC LAKE 85-34-D): Discrimination complaint withdrawn and dismissed

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This order from 1985 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 1985
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

Charles J. Ellett asked to withdraw his discrimination complaint against Peabody Coal Company. Judge Joseph B. Kennedy granted the request and dismissed the matter. The judge also vacated and canceled the hearing scheduled for October 2, 1985, in Beckley, West Virginia. The order does not address the merits of the complaint.

Decision snapshot

  • Cited standard(s): None stated in the order.
  • Outcome: The discrimination complaint was withdrawn and dismissed, and the scheduled hearing was canceled.
  • Key point: The ALJ ended the proceeding after granting the complainant's withdrawal request.

Full text (FMSHRC public release)

CCASE:
CHARLES J. ELLETT, v. PEABODY COAL
DDATE:
19850918
TTEXT:

Page 2

~1397
Federal Mine Safety and Health Review Commission
Office of Administrative Law Judges

CHARLES J. ELLETT, DISCRIMINATION PROCEEDING
COMPLAINANT
v. Docket No. LAKE 85-34-D

PEABODY COAL COMPANY, MARISSA CD 85-2
RESPONDENT

                         ORDER OF DISMISSAL

Before: Judge Kennedy

 For good cause shown, it is ORDERED that complainant's

request to withdraw the captioned discrimination complaint be,
and hereby is, GRANTED and the matter DISMISSED. It is FURTHER
ORDERED that the notice of hearing for Wednesday, October 2,
1985, in Beckley, West Virginia is VACATED and the hearing
CANCELED.

                            Joseph B. Kennedy
                            Administrative Law Judge

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