Ezel / Agency Decisions / LAKE 95-177-DM

Vulcan Materials Company (ALJ decision, February 10, 1995)

Vulcan Materials Company (FMSHRC LAKE 95-177-DM): Temporary reinstatement proceeding dismissed after settlement

Decision type
ALJ decision
Docket
LAKE 95-177-DM
Decided
February 10, 1995
Presiding judge
Gary Melick
Outcome
Settled
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 1995 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 1995
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 order, not Commission precedent
This order dismissed the temporary-reinstatement proceeding after an economic settlement accepted by the miner. It 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 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

The Secretary sought temporary reinstatement for Harold J. Wilson in a discrimination proceeding against Vulcan Materials Company, Midwest Division. Wilson accepted an agreement providing an economic settlement, and the Secretary asked to withdraw the application for temporary reinstatement. Judge Gary Melick granted permission to withdraw under 29 C.F.R. § 2700.11 and dismissed the temporary-reinstatement proceeding. The order does not decide the underlying discrimination claim.

Decision snapshot

  • Governing provision: 29 C.F.R. § 2700.11
  • Outcome: The temporary-reinstatement proceeding was dismissed after the application was withdrawn under an economic settlement.
  • Key point: An accepted economic settlement allowed the Secretary to withdraw the temporary-reinstatement application.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF A D M INISTRA TIV E LA W JUDGES 2 SK YLINE, 10 th FLOOR
5203 LEESBURG PIK E
FA LLS CHURCH, V IRGINIA 22041

February 10, 1995

SECRETARY OF LABOR,
: TEMPORARY REINSTATEMENT
MINE SAFETY AND HEALTH : PROCEEDING
ADMINISTRATION (MSHA),
:
ON BEHALF OF Harold J.
: Docket No. LAKE 95-177-DM
Wilson,
: MSHA Case No. NC-MD-95-05
:
Complainant : Mine: Monon Quarry
v. :
: Mine I.D. No. 12-00194
VULCAN MATERIALS COMPANY,
:
MIDWEST DIVISION,
:
Respondent
:

ORDER OF DISMISSAL

Before: Judge Melick

The Secretary of Labor, in essence, requests to withdraw its Application for Temporary Reinstatement on behalf of Harold J.
Wilson on the basis of an agreement accepted by Mr. Wilson,
providing an economic settlement. Under the circumstances
herein, permission to withdraw is granted. 29 C.F.R. ' 2 70 0 .11.
This Tem pora ry Reinsta tem ent Proceeding is therefore dism issed.

G a ry M elick
A dm inistra tive La w Ju dg e

D istribu tion:

M ig u el J. Ca rm ona , Esq., Office of the Solicitor, U.S. D epa rtm ent of La bor, 230 S. D ea rborn
Street, 8th Floor, Chica g o, IL 60604

W illia m K . D ora n, Esq., Sm ith, Heena n & A lthen, 1119 Verm ont A ve., N.W ., W a shing ton,
D .C. 2 0 0 0 5

Page 2

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