Ezel / Agency Decisions / PENN 84-149-R

Tunnelton Mining Company v. Secretary of Labor (ALJ decision, May 31, 1985)

Tunnelton Mining Company v. Secretary of Labor (FMSHRC PENN 84-149-R and PENN 84-150-R): Order contests withdrawn

Decision type
ALJ decision
Dockets
PENN 84-149-R, PENN 84-150-R
Decided
May 31, 1985
Presiding judge
Joseph B. Kennedy
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-10-20
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1985 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 1985
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 for these dockets. 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

Tunnelton Mining Company contested two MSHA orders involving its Marion Mine. The company moved to withdraw both contests. Judge Joseph B. Kennedy found good cause, granted the withdrawal motion, and dismissed both cases. The order does not describe the alleged violations, decide the validity of the MSHA orders, or assess a penalty.

Decision snapshot

  • Cited standard: Not identified in this dismissal order.
  • Outcome: Contests of Order Nos. 2254824 and 2254825 dismissed after the operator withdrew them.
  • Key point: The judge granted the operator's request to withdraw both order contests for good cause.

Full text (FMSHRC public release)

CCASE:
TUNNELTON MINNING v. SOL (MSHA)
DDATE:
19850531
TTEXT:
~855
Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

TUNNELTON MINING COMPANY,
CONTEST PROCEEDINGS
CONTESTANT
v. Docket No. PENN 84-149-R
Order No. 2254824; 4/13/84
SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
Docket No. PENN 84-150-R
ADMINISTRATION (MSHA),
Order No. 2254825; 4/13/84
RESPONDENT
Marion Mine

ORDER OF DISMISSAL

Before: Judge Kennedy

For good cause shown, it is ORDERED that the operator's motion to withdraw the captioned matters be, and hereby is, GRANTED and the cases DISMISSED.

Joseph B. Kennedy
Administrative Law Judge

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