Ezel / Agency Decisions / PENN 87-187-C

U.S. Steel Mining Co., Inc. (ALJ decision, October 8, 1987)

U.S. Steel Mining Co., Inc. (FMSHRC PENN 87-187-C): Compensation proceeding dismissed after settlement withdrawal

Decision type
ALJ decision
Docket
PENN 87-187-C
Decided
October 8, 1987
Presiding judge
Gary Melick
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-20
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 1987 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 1987
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

Local Union 1248 of the United Mine Workers of America asked to withdraw its compensation complaint against U.S. Steel Mining Co., Inc., based on a settlement. The proceeding concerned the Maple Creek Mine. Judge Gary Melick granted permission to withdraw the complaint under 29 C.F.R. § 2700.11 and dismissed the case. The order does not state a penalty amount.

Decision snapshot

  • Governing rule: 29 C.F.R. § 2700.11.
  • Outcome: The compensation proceeding was dismissed after withdrawal was approved based on settlement.
  • Key point: The judge permitted the complainant to withdraw its complaint and dismissed the case.

Full text (FMSHRC public release)

CCASE:
LOCAL UNION 1248 V. U.S. STEEL
DDATE:
19871008
TTEXT:

Page 2

~1754

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

LOCAL UNION 1248, DISTRICT 5
COMPENSATION PROCEEDINGS
UNITED MINE WORKERS OF
AMERICA (UMWA),
Docket No. PENN 87-187-C
COMPLAINANT
Maple Creek Mine v.

U.S. STEEL MINING CO., INC.,
RESPONDENT

ORDER OF DISMISSAL

Before: Judge Melick

Complainant requests approval to withdraw its Complaint in the captioned case based upon a settlement of the matter at issue. Under the circumstances herein, permission to withdraw is granted. 29 C.F.R. 2700.11. This case is therefore dismissed.

Gary Melick
Administrative Law Judge
(703) 756−6261

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