Ezel / Agency Decisions / LAKE 92-141-DM

Ayers Limestone Quarry (ALJ decision, May 13, 1992)

Ayers Limestone Quarry (FMSHRC LAKE 92-141-DM): Discrimination complaint dismissed after settlement withdrawal

Decision type
ALJ decision
Docket
LAKE 92-141-DM
Decided
May 13, 1992
Presiding judge
Gary Melick
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-15
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 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.
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

Homer D. Bennett brought a discrimination proceeding against Ayers Limestone Quarry. At the hearing, Bennett requested approval to withdraw the complaint based on a settlement. Judge Gary Melick dismissed the proceeding. The short scanned release has several unreadable passages, so the summary is limited to what the order states clearly.

Decision snapshot

  • Cited standard: 29 C.F.R. § 2700.11
  • Outcome: The discrimination proceeding was dismissed after the complainant requested withdrawal based on a settlement.
  • Key point: The ALJ approved the withdrawal request and dismissed the proceeding.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

MAY 13, 1992

HOMER D. BENNETT,
: DISCRIMINATION PROCEEDING
Complainant
:
v. : Docket No. LAKE 92-141-DM
: MSHA Case No. NC MD 92-02
AYERS LIMESTONE QUARRY,
:
Respondent
: Ayers Limestone Quarry
ORDER OF DISMISSAL
Appearances: Neeta A. Bass, Esq., Suite 510, St. Clair Building, Steubenville, Ohio 43952
Keith A. Sommer, Esq, P.O. Box 279, Martins Ferry, Ohio 43935 Before: Judge Melick
At the hearing, Complainant, in essence, requested approval to withdraw his Complaint in the [illegible] on the basis of a settlement [illegible].
[illegible] 29 C.F.R. § 2700.11. This [illegible] hereby
dismissed.

Distribution:
Neeta Bass, Esq., Suite 510, St. Clair Building, Steubenville, OH
43952 (Certified Mail).
Keith A. Sommer, Esq., P.O. Box 279, Martins Ferry, OH 43935
(Certified Mail)

/lh

846

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