Ezel / Agency Decisions / PENN 80-287-R

Consolidation Coal Company v. Secretary of Labor (ALJ decision, November 5, 1980)

Consolidation Coal Company (FMSHRC PENN 80-287-R and PENN 80-288-R): Contests withdrawn after enforcement actions changed

Decision type
ALJ decision
Dockets
PENN 80-287-R, PENN 80-288-R
Decided
November 5, 1980
Presiding judge
Paul Merlin
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-10-23
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1980 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 1980
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 binding on the Commission in other cases. 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

Consolidation Coal contested a citation and an order issued at its Renton Mine. During the hearing, MSHA agreed to change both actions from section 104(d)(1) enforcement measures to section 104(a) citations. The company then asked to withdraw each notice of contest, and Judge Paul Merlin granted both requests. He dismissed the consolidated cases without deciding whether the underlying safety violations occurred. The decision did not assess a penalty.

Decision snapshot

  • Cited standards: No specific mine safety standard is identified in this decision.
  • Outcome: Both notices of contest withdrawn and the cases dismissed after MSHA changed the enforcement actions; no penalty assessed.
  • Key point: The ruling ended the contests after MSHA changed the citation and order classifications.

Full text (FMSHRC public release)

CCASE:
CONSOLIDATION COAL V. SOL (UMWA)
DDATE:
19801105
TTEXT:

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

CONSOLIDATION COAL COMPANY,
Contest of Orders
CONTESTANT
v. Docket No. PENN 80-287-R
Citation No. 840695; 6/2/80
RAY MARSHALL, SECRETARY OF LABOR,
UNITED STATES DEPARTMENT
Docket No. PENN 80-288-R
OF LABOR,
Order No. 840699; 6/11/80
RESPONDENT

UNITED MINE WORKERS OF AMERICA,
Renton Mine
RESPONDENT

DECISION

Duing the course of the inspector's testimony in Penn 80-287-R the parties requested a recess. After the recess the Solicitor advised that MSHA would modify the subject section 104(d)(1) citation to a section 104(a) citation. The operator then moved to withdraw its notice of contest. The motion to withdraw was granted from the bench.

Thereupon Docket No. PENN 80-288-R was consolidated for hearing and decision with PENN 80-287-R. The Solicitor advised that MSHA also would modify the subject section 104(d)(1) order in PENN 80-288-R to a section 104(a) citation. The operator then moved to withdraw its notice of contest with respect to that matter. The motion was granted from the bench.

In light of the foregoing the above-captioned cases are hereby DISMISSED.

Paul Merlin
Assistant Chief Administrative Law Judge

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