Ezel / Agency Decisions / lake-89-73-dm-alj
FMSHRC ALJ decision Docket LAKE 89-73-DM Decided June 9, 1989 Procedural Judge Avram Weisberger

Thomas H. Gille v. Yellow River Supply Corporation

Thomas H. Gille v. Yellow River Supply Corporation (FMSHRC LAKE 89-73-DM): Temporary-reinstatement application withdrawn and case dismissed

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This order from 1989 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 1989
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

Thomas H. Gille sought temporary reinstatement in a discrimination proceeding against Yellow River Supply Corporation. The Secretary moved to withdraw the temporary-reinstatement application after reporting that Gille had obtained other employment and was no longer interested in temporary reinstatement while the merits case remained pending. Judge Avram Weisberger granted the motion and dismissed the case.

Decision snapshot

  • Cited standards: The order does not identify a Mine Act standard.
  • Outcome: The motion to withdraw the temporary-reinstatement application was granted, and the case was dismissed.
  • Key point: A temporary-reinstatement proceeding may be dismissed when the complainant obtains other work and no longer seeks interim reinstatement.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. YELLOW RIVER SUPPLY
DDATE:
19890609
TTEXT:

Page 2

~1064
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.)
C Office of Administrative Law Judges

SECRETARY OF LABOR, DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. LAKE 89-73-DM
ON BEHALF OF
THOMAS H. GILLE, MD 89-28
COMPLAINANT

      v.

YELLOW RIVER SUPPLY
CORPORATION,
RESPONDENT

                         ORDER OF DISMISSAL

Before: Judge Weisberger

 On June 5, 1989, the Secretary filed a Motion to Withdraw

Application for Temporary Reinstatement. The Motion indicated
that the Complainant has secured other employment and "is no
longer interested in being temporarily reinstated with Respondent
(Yellow River Supply Corporation) until such time as a decision
on the merits is issued." Accordingly, the Motion is GRANTED.

 It is ORDERED that the above case be DISMISSED.

                               Avram Weisberger
                               Administrative Law Judge

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