Ezel / Agency Decisions / PENN 90-8-D

Secretary of Labor on behalf of Leonard E. Edwards v. Rochester & Pittsburgh Coal Company (ALJ decision, March 19, 1990)

Secretary of Labor on behalf of Leonard E. Edwards v. Rochester & Pittsburgh Coal Company (FMSHRC PENN 90-8-D): Discrimination complaint dismissed

Decision type
ALJ decision
Docket
PENN 90-8-D
Decided
March 19, 1990
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 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, 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 binding on the Commission in other cases. 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

Leonard E. Edwards filed a discrimination complaint against Rochester & Pittsburgh Coal Company, with the Secretary of Labor appearing on his behalf. Edwards consented to withdrawal of the complaint, and the Secretary requested permission to withdraw it. Judge Gary Melick approved the withdrawal under 29 C.F.R. § 2700.11 and dismissed the case. No penalty or other relief was ordered.

Decision snapshot

  • Cited standard: 29 C.F.R. § 2700.11
  • Outcome: The withdrawal was approved and the discrimination proceeding was dismissed.
  • Key point: A complainant may withdraw a discrimination complaint with consent, subject to the judge's approval.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. ROCHESTER & PITTSBURGH COAL
DDATE:
19900319
TTEXT:

Page 2

~543
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

SECRETARY OF LABOR,
DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION, (MSHA),
Docket No. PENN 90-8-D
ON BEHALF OF
PITT CD 88-17
LEONARD E. EDWARDS,
COMPLAINANT
Greenwich coal No. 2
v.

ROCHESTER & PITTSBURGH
COAL COMPANY,
RESPONDENT

ORDER OF DISMISSAL

Before: Judge Melick

Complainant requests approval to withdraw her complaint in the captioned case and the individual Complainant, Mr. Edwards, has filed his consent to such withdrawal. 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

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