Ezel / Agency Decisions / PENN 91-108-C

Mathies Coal Company (ALJ decision, July 6, 1992)

Mathies Coal Company (FMSHRC PENN 91-108-C): Settlement approved and proceeding dismissed

Decision type
ALJ decision
Docket
PENN 91-108-C
Decided
July 6, 1992
Presiding judge
Gary Melick
Outcome
Settled
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.
Read the official release (fmshrc.gov)

Plain-English summary

This compensation proceeding involved Mathies Coal Company and members of United Mine Workers of America Local Union 2244. The complainants asked to withdraw their complaint after receiving compensation under a settlement agreement. Judge Gary Melick approved the withdrawal under 29 C.F.R. § 2700.11, lifted the earlier stay, and dismissed the proceeding. The order does not state a separate penalty.

Decision snapshot

  • Cited standard(s): 29 C.F.R. § 2700.11
  • Outcome: The settlement-based withdrawal was approved, the stay was lifted, and the case was dismissed.
  • Key point: The proceeding ended after the complainants received compensation under a settlement agreement.

Full text (FMSHRC public release)

CCASE:
UMWA (UNION 2244) V. MATHIES COAL
DDATE:
19920706
TTEXT:

Page 2

~1138

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges
2 SKYLINE, 10TH FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

UNITED MINE WORKER OF AMERICA,
COMPENSATION PROCEEDING
ON BEHALF OF MEMBERS OF LOCAL
UNION 2244,
Docket No. PENN 91-108-C
COMPLAINANTS
v. Mathies Mine

MATHIES COAL COMPANY,
RESPONDENT

ORDER LIFTING STAY AND DISMISSING PROCEEDING

Before: Judge Melick

Complainants request approval to withdraw their complaint in the captioned case on the grounds that compensation has been received pursuant to a settlement agreement. Under the circumstances herein, the request is granted. 29 C.F.R.
2700.11. The Stay Order previously issued is accordingly lifted
and this case is therefore dismissed.

Gary Melick
Administrative Law Judge
(703) 756-6261

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