Ezel / Agency Decisions / PENN 90-198-D

Consolidation Coal Company (ALJ decision, February 10, 1992)

Consolidation Coal Company (FMSHRC PENN 90-198-D): Discrimination complaint withdrawn and dismissed

Decision type
ALJ decision
Docket
PENN 90-198-D
Decided
February 10, 1992
Presiding judge
Gary Melick
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-15
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 1992 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 1992
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.
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

Larry E. Swift asked to withdraw his discrimination complaint against Consolidation Coal Company. Judge Gary Melick granted permission to withdraw the complaint under 29 C.F.R. § 2700.11 and dismissed the case.

Decision snapshot

  • Governing provision: 29 C.F.R. § 2700.11
  • Outcome: The complaint was withdrawn with permission and the case was dismissed.
  • Key point: The judge allowed the complainant to withdraw the discrimination complaint and ended the proceeding.

Full text (FMSHRC public release)

CCASE:
LARRY E. SWIFT v. CONSOLIDATION COAL
DDATE:
19920210
TTEXT:

Page 2

~294
Federal Mine Safety and Health Review Commission Office of Administrative Law Judges
2 Skyline, 10th Floor
5203 Leesburg Pike
Falls Church, virginia 22041

LARRY E. SWIFT,
DISCRIMINATION PROCEEDING
COMPLAINANT
v. Docket No. PENN 90-198-D
MSHA Case No. PITT CD 90-09
CONSOLIDATION COAL COMPANY,
PITT CD 90-19
RESPONDENT
Dilworth Mine

ORDER OF DISMISSAL

Before: Judge Melick

Complainant requests approval to withdraw his complaint in the captioned case. 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

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