Ezel / Agency Decisions / PENN 90-202-D

Consolidation Coal Company (ALJ decision, July 17, 1991)

Consolidation Coal Company (FMSHRC PENN 90-202-D): Discrimination proceeding dismissed on request

Decision type
ALJ decision
Docket
PENN 90-202-D
Decided
July 17, 1991
Presiding judge
Gary Melick
Outcome
Procedural
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 1991 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 1991
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.
Read the official release (fmshrc.gov)

Plain-English summary

The complainants, represented by District No. 4 of the United Mine Workers of America, asked to withdraw their discrimination complaints on behalf of three miners. Judge Gary Melick approved the withdrawal request, lifted the previously issued stay, and dismissed the proceeding. The order cited 29 C.F.R. § 2700.11.

Decision snapshot

  • Governing provision: 29 C.F.R. § 2700.11
  • Outcome: The stay was lifted and the discrimination proceeding was dismissed after the complaints were withdrawn.
  • Key point: The judge approved the complainants’ request to withdraw and ended the proceeding.

Full text (FMSHRC public release)

Page 2

~1119

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges The Federal Building Room 280, 1244 Speer Boulevard Denver, CO 80204

THOMAS D. SHUMAKER, DISCRIMINATION PROCEEDING DISTRICT NO. 4, UNITED MINE WORKERS OF AMERICA Docket No. PENN 90-202-D ON BEHALF OF MSHA Case No. PITT CD 90-20 MICHAEL KELECIC MSHA Case No. PITT CD 90-21 EDWARD YANIGA MSHA Case No. PITT CD 90-22 DONALD STEVENSON, COMPLAINANTS Dilworth Mine v.

CONSOLIDATION COAL COMPANY,
RESPONDENT

ORDER LIFTING STAY AND DISMISSING PROCEEDING

Before: Judge Melick

Complainants request approval to withdraw their complaints in the captioned case. Under the circumstances herein, the request is granted. 29 C.F.R. 2700.11. The Stay Order previously issued is accordingly now lifted and 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