Ezel / Agency Decisions / PENN 89-213-D

Shannopin Mining Company (ALJ decision, February 5, 1990)

Shannopin Mining Company (FMSHRC PENN 89-213-D): Discrimination case dismissed after settlement

Decision type
ALJ decision
Docket
PENN 89-213-D
Decided
February 5, 1990
Presiding judge
Gary Melick
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-16
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 1990 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 1990
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 approving a settlement, 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

Bernard J. Garnek asked to withdraw his discrimination complaint against Shannopin Mining Company after the parties reached a mutually agreeable settlement. Judge Gary Melick granted permission to withdraw the complaint under 29 C.F.R. § 2700.11. The case was dismissed, and the hearings scheduled for February 13, 1990, were cancelled.

Decision snapshot

  • Governing provision: 29 C.F.R. § 2700.11.
  • Outcome: The discrimination case was dismissed after the complainant withdrew his complaint.
  • Key point: A complainant may withdraw a case after reaching a mutually agreeable settlement.

Full text (FMSHRC public release)

~213
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

BERNARD J. GARNEK,
DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. PENN 89-213-D v.
PITT CD 89-16
SHANNOPIN MINING COMPANY
Shannopin Mine
RESPONDENT

ORDER OF DISMISSAL

Before: Judge Melick

Complainant in effect requests approval to withdraw his complaint in the captioned case for the reason that the parties have reached a mutually agreeable settlement. Under the circumstances herein, permission to withdraw is granted. 29 C.F.R. 2700.11. This case is therefore dismissed. The hearings scheduled to commence on February 13, 1990, are accordingly cancelled.

Gary Melick
Administrative Law Judge

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