Ezel / Agency Decisions / LAKE 87-33-D

GEX Hardy, Inc. (ALJ decision, July 24, 1987)

GEX Hardy, Inc. (FMSHRC LAKE 87-33-D): Discrimination complaint withdrawn and dismissed

Decision type
ALJ decision
Docket
LAKE 87-33-D
Decided
July 24, 1987
Presiding judge
Gary Melick
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-21
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 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 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.
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

William C. Fankhauser asked to withdraw his discrimination complaint against GEX Hardy, Inc. after consulting an attorney and stating that there had been no incidents involving safety or health violations. Judge Gary Melick granted permission to withdraw the complaint, dismissed the case, and cancelled the scheduled hearing.

Decision snapshot

  • Governing provision: 29 C.F.R. § 2700.11
  • Outcome: The complaint was withdrawn by permission and the case was dismissed.
  • Key point: A complainant may withdraw a discrimination complaint before the scheduled hearing under the Commission's procedural rules.

Full text (FMSHRC public release)

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

WILLIAM C. FRANKHAUSER,
DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. LAKE 87-33-D v.
MORG CD 87-04
GEX HARDY, INC.,
RESPONDENT

ORDER OF DISMISSAL

Before: Judge Melick

The Complainant William Fankhauser, requests to withdraw his Complaint in the captioned case after conferring with an attorney and "due to the fact that there were no incidents involving any safety or health violations". Under the circumstances herein, permission to withdraw is granted. 29 C.F.R. 2700.11. This case is therefore dismissed and the hearing previously scheduled is cancelled.

Gary Melick
Administrative Law Judge

What applies to your situation today?

This order bound one employer. Ezel checks the current MSHA standards and Commission precedent against your facts, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace