Ezel / Agency Decisions / LAKE 86-15-D

United Mine Workers of America on behalf of Steven R. Maple, Thomas D. Hewlett, and Dale King v. Peabody Coal Company (ALJ decision, April 24, 1990)

United Mine Workers on behalf of Maple, Hewlett, and King v. Peabody Coal Company (FMSHRC LAKE 86-15-D and related dockets): Complaints dismissed after withdrawal

Decision type
ALJ decision
Dockets
LAKE 86-15-D, LAKE 86-16-D, KENT 86-26-D
Decided
April 24, 1990
Presiding judge
Gary Melick
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-16
Cited standards
29 C.F.R. § 2700.11
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1990 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 1990
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 order granted withdrawal of the complaints under 29 C.F.R. § 2700.11 and dismissed the three proceedings. It was subject to Commission review under the 40-day rule in 30 U.S.C. § 823(d)(1). It binds the parties but is not binding on the Commission in other cases. 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

The United Mine Workers of America asked to withdraw its discrimination complaints filed on behalf of Steven R. Maple, Thomas D. Hewlett, and Dale King against Peabody Coal Company. Judge Gary Melick granted the request and dismissed all three proceedings.

Decision snapshot

  • Cited authority: 29 C.F.R. § 2700.11
  • Outcome: The three discrimination proceedings were dismissed after withdrawal.
  • Key point: An ALJ may grant a complainant's request to withdraw a discrimination complaint and dismiss the proceeding.

Full text (FMSHRC public release)

CCASE:
MAPLE, HEWLETT, KING (UMWA) V. PEABODY COAL
DDATE:
19900424
TTEXT:

Page 2

~803

FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION FALLS CHURCH, VA
April 24, 1990

UNITED MINE WORKERS OF DISCRIMINATION PROCEEDING
AMERICA (UMWA),
ON BEHALF OF
Docket No. LAKE 86-15-D
STEVEN R. MAPLE,
Docket No. LAKE 86-16-D
THOMAS D. HEWLETT,
DALE KING,
Sunny Hill Mine
Complainants
v. Docket No. KENT 86-26-D

PEABODY COAL COMPANY, Alston No. 4 Underground Respondent

ORDER OF DISMISSAL

Before: Judge Melick

Complainant UMWA requests approval to withdraw its Complaints in the captioned cases. 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:

Mary Lu Jordan, Esq., Michael H. Holland, Esq., UMWA, 900 15th St., N.W.,
Washington, DC 20005 (Certified Mail)

Michael A. Kafoury, Esq., Peabody Coal Company, P.0. Box 373, St. Louis,
MO 63166 (Certified Mail)

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