Ezel / Agency Decisions / LAKE 91-633-D

David L. Stritzel (ALJ decision, January 21, 1992)

David L. Stritzel (FMSHRC LAKE 91-633-D): Stay lifted and discrimination case dismissed

Decision type
ALJ decision
Docket
LAKE 91-633-D
Decided
January 21, 1992
Presiding judge
William Fauver
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-15
Cited standards
30 U.S.C. § 801 30 U.S.C. § 815(c)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1992 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 1992
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

David L. Stritzel brought a Mine Act discrimination proceeding against the Secretary of Labor, MSHA, and two individuals. The case had been stayed while the Court of Appeals considered Wagner v. Secretary of Labor. After that court affirmed the Commission's ruling that MSHA and its employees acting within their statutory authority are not persons covered by section 105(c), Judge William Fauver lifted the stay. He granted the Secretary's motion to dismiss and dismissed the proceeding.

Decision snapshot

  • Cited provision: 30 U.S.C. § 815(c).
  • Outcome: The stay was lifted, the Secretary's motion to dismiss was granted, and the proceeding was dismissed.
  • Key point: Under the ruling applied here, MSHA and its employees acting within statutory authority are not persons subject to a section 105(c) discrimination claim.

Full text (FMSHRC public release)

CCASE:
DAVID L. STRITZEL v. SOL (MSHA)
DDATE:
19920121
TTEXT:

Page 2

~168

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges
2 Skyline, 10th Floor
5203 Leesburg Pike
Fal\ls Church, Virginia 22041

DAVID L. STRITZEL,
DISCRIMINATION PROCEEDING
COMPLAINANT
v. Docket No. LAKE 91-633-D
VINC CD 91-05
SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION, AND
CHARLES RATH & MARK O.
ESLINGER,
RESPONDENTS

ORDER LIFTING STAY AND GRANTING
MOTION TO DISMISS

This case was stayed pending the Court of Appeals decision in Wagner v. Secretary of Labor, No. 91-2025, 4th Circuit. On November 5, 1991, the Court issued its decision, affirming the Commission's decision of June 6, 1990. The Court and the Commission have held that MSHA and its employees acting within the scope of their statutory authority are not "persons" within the meaning of 105(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801 et seq. I find these rulings to be dispositive of the issues raised in the Secretary's motion to dismiss and Complainant's response to the motion.

WHEREFORE IT IS ORDERED that:

1. The STAY is lifted.

2. The Secretary's motion to dismiss is GRANTED and this proceeding is DISMISSED.

William Fauver
Administrative Law Judge

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