Ezel / Agency Decisions / penn-88-203-alj
FMSHRC ALJ decision Docket PENN 88-203 Decided July 1, 1988 Procedural Judge Avram Weisberger

Rochester and Pittsburgh Coal Co.

Rochester and Pittsburgh Coal Co. (FMSHRC PENN 88-203): Discrimination proceeding dismissed

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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

Dwight Baum asked to withdraw his request for a hearing in a discrimination proceeding against Rochester and Pittsburgh Coal Company. Judge Avram Weisberger granted the motion and dismissed the case. The respondent's motion for summary decision was therefore declared moot.

Decision snapshot

  • Cited standards: None stated in the decision.
  • Outcome: The discrimination proceeding was dismissed after the complainant withdrew his hearing request.
  • Key point: The withdrawal ended the proceeding and made the respondent's summary-decision motion moot.

Full text (FMSHRC public release)

CCASE:
DWIGHT BAUM V. ROCHESTER & PITTSBURGH COAL

DDATE:
19880701

TTEXT:

Page 2

~880
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.)
Office of Administrative Law Judges

DWIGHT BAUM, DISCRIMINATION PROCEEDING
COMPLAINANT
v. Docket No. PENN 88-203

ROCHESTER AND PITTSBURGH PITT CD 87–16
COAL CO.,
RESPONDENT

                            ORDER OF DISMISSAL

Before: Judge Weisberger

 On June 23, 1988, Complainant filed a Motion to Withdraw in

which he moved to withdraw his request for hearing in the above
captioned matter. Accordingly, this Motion is granted.

 It is ordered that the above case be DISMISSED. In

consequence of this order, Respondents Motion for Summary
Decision is declared MOOT.

                                   Avram Weisberger
                                   Administrative Law Judge

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