Consolidation Coal Company (Commission decision, February 25, 1982)

Plain-English summary

The Secretary of Labor moved to dismiss this case voluntarily. The Commission gave the participants ten days to respond and received no responses. It granted the Secretary's motion and ended the proceeding without reaching the underlying issues. The order does not identify a citation, assess a penalty, or state a substantive holding.

Decision snapshot

• Cited standard(s): None identified in this order.
• Outcome: Voluntary dismissal granted; case closed without a merits ruling.
• Key point: The Commission granted an unanswered dismissal motion after allowing participants time to respond.

Full text (FMSHRC public release)

CCASE:
MSHA V. CONSOLIDATION COAL
DDATE:
19820225
TTEXT:
FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION WASHINGTON, D.C. February 25, 1982 SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION (MSHA) Docket Nos. MORG 75-265
v. MORG 75-377-P
IBMA 76-69
CONSOLIDATION COAL
COMPANY

ORDER
On January 4, 1982, the Secretary of Labor filed a motion for voluntary dismissal of this case. We issued an order on February 11, 1982, reserving ruling on the motion for 10 days from the date of our order so as to afford the participants in this proceeding the opportunity to file a response to the Secretary's motion. No responses have been filed with the Commission. Accordingly, the Secretary's motion for voluntary dismissal of this case is granted.
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Distribution
Leslie J. Canfield, Esq.
Michael McCord, Esq.
Office of the Solicitor
U.S. Department of Labor
4015 Wilson Blvd.
Arlington, Virginia 22203
Alan B. Mollohan, Esq.
Corcoran, Hardesty, Ewart, Whyte & Polito, P.C. 1575 Eye Street, N.W. Suite 510 Washington, D.C. 20005 Harrison Combs, Esq. UMWA 900 15th St., N.W. Washington, D.C. 20005 Stephen B. Jacobson, Esq. DeCastro, West & Chodrow, Inc. 18th Floor 10960 Wilshire Blvd. Los Angeles, California 90024