Ezel / Agency Decisions / LAKE 94-229-D

Freeman United Coal Mining Co. (ALJ decision, November 7, 1994)

Freeman United Coal Mining Co. (FMSHRC LAKE 94-229-D): Discrimination complaint withdrawn and dismissed

Decision type
ALJ decision
Docket
LAKE 94-229-D
Decided
November 7, 1994
Presiding judge
Gary Melick
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-13
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 1994 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 1994
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

Derald Wilson brought a discrimination complaint against Freeman United Coal Mining Co. At the hearing, Wilson requested permission to withdraw the complaint after documentary evidence showed that the alleged retaliatory event occurred before the protected activity he identified. Judge Gary Melick approved the withdrawal under 29 C.F.R. § 2700.11. The case was dismissed.

Decision snapshot

  • Cited provision: 29 C.F.R. § 2700.11
  • Outcome: The discrimination complaint was withdrawn and dismissed.
  • Key point: The judge approved withdrawal after the record showed that the alleged retaliatory event preceded the claimed protected activity.

Full text (FMSHRC public release)

Page 2

~2259

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

DERALD WILSON,
: DISCRIMINATION PROCEEDING
Complainant :
: Docket No. LAKE 94-229-D
v. : VINC CD 94-04
:
FREEMAN UNITED COAL MINING CO., : Crown II Mine Respondent :

ORDER OF DISMISSAL

Appearances: Derald Wilson, Girard, Illinois, pro se;
Kathryn S. Matkov, Esq., Gould and Ratner, Chicago, Illinois, for Respondent.

Before: Judge Melick

At hearing, Complainant, Derald Wilson, requested approval to withdraw his complaint in the captioned case. At a trial conference, Mr. Wilson was shown documentary evidence indicating that the alleged retaliatory event actually preceded his claimed protected activity. Permission to withdraw was accordingly granted at hearing and is hereby confirmed. 29 C.F.R. 2700.11. This case is therefore DISMISSED.

Gary Melick
Administrative Law Judge

Distribution:

Derald Wilson, 302 North Harrison, Girard, IL 62640 (Certified Mail and Regular Mail)

Tony Kujawa, 1220 S. Park Avenue, Suite D, Herrin, IL 62948 (Certified Mail)

Kathryn S. Matkov, Esq., Gould and Ratner, 222 North LaSalle St., 8th Floor, Chicago, IL 60601 (Certified Mail)

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