Ezel / Agency Decisions / LAKE 87-53-D

Freeman United Coal Mining Company (ALJ decision, November 23, 1987)

Freeman United Coal Mining Company (FMSHRC LAKE 87-53-D): Discrimination complaint dismissed with prejudice

Decision type
ALJ decision
Docket
LAKE 87-53-D
Decided
November 23, 1987
Presiding judge
Gary Melick
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-20
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 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.
Read the official release (fmshrc.gov)

Plain-English summary

Gladys B. Johnson asked to withdraw her discrimination complaint against Freeman United Coal Mining Company because financial and other problems prevented her from pursuing it. Judge Gary Melick found that she understood the consequences of withdrawal and dismissal. He granted permission to withdraw and dismissed the case with prejudice. The judge cancelled the scheduled hearing and denied the company's request for costs, attorney's fees, and other sanctions.

Decision snapshot

  • Governing provision: 29 C.F.R. § 2700.11
  • Outcome: The discrimination proceeding was dismissed with prejudice, and the respondent's request for costs and sanctions was denied.
  • Key point: A complainant who understands the consequences may withdraw a discrimination complaint, resulting in a final dismissal with prejudice.

Full text (FMSHRC public release)

CCASE:
GLADYS JOHNSON V. FREEMAN UNITED COAL
DDATE:
19871123
TTEXT:

Page 2

~1965

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

GLADYS B. JOHNSON,
DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. LAKE 87-53-D
v. VINC CD 87-04

FREEMAN UNITED COAL MINING
Orient No. 4 Mine
COMPANY,
RESPONDENT

ORDER OF DISMISSAL

Before: Judge Melick

Complainant requested to withdraw her Complaint of Discrimination in the captioned case on the grounds that she is unable to pursue the matter because of financial and other problems. She states that she understands the consequences of withdrawal and dismissal and that it is a final disposition of these proceedings. Under the circumstances herein, permission to withdraw is granted. 29 C.F.R. 2700.11. This case is therefore dismissed with prejudice and the hearing scheduled for November 24, 1987, is cancelled.

Respondent's request for costs, attorney's fees and other sanctions for the Complainant's failure to appear at scheduled depositions is denied for failure to meet the conditions set forth in FED.R.CIV.P. 37.

Gary Melick
Administrative Law Judge
(703) 756-6261

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