Ezel / Agency Decisions / PENN 88-184-D

Benjamin Coal Company (ALJ decision, July 15, 1988)

Benjamin Coal Company (FMSHRC PENN 88-184-D): Discrimination proceeding withdrawn after settlement

Decision type
ALJ decision
Docket
PENN 88-184-D
Decided
July 15, 1988
Presiding judge
Gary Melick
Outcome
Settled
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 1988 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 1988
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 under the Mine Act's 40-day rule
This administrative law judge decision became a final decision of the Commission because no Commissioner directed review within 40 days, under 30 U.S.C. § 823(d)(1). It is binding on 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

Terry Miller brought a discrimination complaint against Benjamin Coal Company at the Benjamin No. 1 Strip. Miller requested permission to withdraw the complaint because the underlying issue had been settled. Judge Gary Melick granted the request, dismissed the case, and canceled the scheduled hearings.

Decision snapshot

  • Governing provision: 29 C.F.R. § 2700.11
  • Outcome: The discrimination complaint was withdrawn and the case was dismissed after settlement.
  • Key point: The ALJ granted withdrawal after the complainant reported that the underlying issue had been settled.

Full text (FMSHRC public release)

CCASE:
TERRY MILLER V. BENJAMIN COAL
DDATE:
19880715
TTEXT:

Page 2

~913
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

TERRY MILLER,
DISCRIMINATION PROCEEDING
COMPLAINANT
v. Docket No. PENN 88-184-D
PITT CD 88-06
BENJAMIN COAL COMPANY,
RESPONDENT
Benjamin No. 1 Strip

ORDER OF DISMISSAL

Before: Judge Melick

Complainant requests approval to withdraw his Complaint in the captioned case for the reason that the underlying issue has been settled. Under the circumstances herein, permission to withdraw is granted. 29 C.F.R. 2700.11. This case is therefore dismissed and the hearings previously scheduled for August 10, 1988, are cancelled.

Gary Melick
Administrative Law Judge
(703) 756Ä6261

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