Ezel / Agency Decisions / PENN 88-260

Secretary of Labor v. Coal Junction Coal Company, Inc. (ALJ decision, July 24, 1989)

Secretary of Labor v. Coal Junction Coal Company, Inc. (FMSHRC PENN 88-260): Civil penalty proceeding dismissed

Decision type
ALJ decision
Docket
PENN 88-260
Decided
July 24, 1989
Presiding judge
Paul Merlin
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-17
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1989 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 1989
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 procedural order, not Commission precedent
This order dismissed the civil penalty proceeding on the Solicitor's motion. It 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 an OCR transcription from the official FMSHRC release. Obvious OCR misreads have been corrected.
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.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

Plain-English summary

The Secretary brought a civil penalty proceeding against Coal Junction Coal Company, Inc. The Administrative Law Judge granted the Solicitor's motion and dismissed the case. The short order does not state the reason for the motion or address any mine-safety standard.

Decision snapshot

  • Cited standard(s): None stated in this order.
  • Outcome: The civil penalty proceeding was dismissed on the Solicitor's motion.
  • Key point: The order resolves the proceeding procedurally without stating the basis for dismissal.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1730 K STREET NW, 6TH FLOOR
WASHINGTON, D.C. 20006
July 24, 1989

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. PENN 88-260
Petitioner : A. C. No. 36-02685-03506
v. : Coal Junction Coal Company
:
COAL JUNCTION COAL COMPANY, :
INC.,
:
Respondent :

ORDER OF DISMISSAL

Before: Judge Merlin

Based upon the Solicitor's motion, this case is hereby DISMISSED.

Paul Merlin
Chief Administrative Law Judge

Distribution:
Therese I. Salus, Esq., Office of the Solicitor, U.S.
Department of Labor, Room 1448, Gateway Building, 3535 Market
Street, Philadelphia, PA 19104 (Certified Mail)
Leo M. Stepanian, Esq., Stepanian & Muscatello, 228 South
Main Street, Butler, PA 16001 (Certified Mail)
Mr. Robert G. Buchleitner, President, Coal Junction Coal
Company, Inc., R.D. 1, Creekside, PA 15732 (Certified Mail)

What applies to your situation today?

This order bound one employer. Ezel checks the current MSHA standards and Commission precedent against your facts, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace