Ezel / Agency Decisions / LAKE 87-28-D

Larry D. Scroggins v. Peabody Coal Company (ALJ decision, April 16, 1987)

Larry D. Scroggins v. Peabody Coal Company (FMSHRC LAKE 87-28-D): Discrimination complaint dismissed after withdrawal

Decision type
ALJ decision
Docket
LAKE 87-28-D
Decided
April 16, 1987
Presiding judge
Roy J. Maurer
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-22
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1987 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 1987
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 order, not Commission precedent
This decision granted the complainant’s motion to withdraw his discrimination complaint and dismissed the case. It 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

Larry D. Scroggins brought a discrimination proceeding against Peabody Coal Company. He moved to withdraw his complaint. Judge Roy J. Maurer found good cause and granted the motion. The case was dismissed.

Decision snapshot

  • Cited standards: None stated in the order.
  • Outcome: The complainant’s motion to withdraw was granted and the case was dismissed.
  • Key point: The judge dismissed the discrimination proceeding after granting the complainant’s withdrawal request.

Full text (FMSHRC public release)

CCASE:
LARRY SCROGGINS V. PEABODY COAL
DDATE:
19870416
TTEXT:

Page 2

~799

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

LARRY D. SCROGGINS,
DISCRIMINATION PROCEEDING
COMPLAINANT
v. Docket No. LAKE 87-28-D
VINC CD 87-02
PEABODY COAL COMPANY,
RESPONDENT

ORDER OF DISMISSAL

For good cause shown, it is ORDERED that complainant's motion to withdraw his complaint be, and hereby is, GRANTED and the case DISMISSED.

Roy J. Maurer
Administrative Law Judge

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