Ezel / Agency Decisions / PENN 91-1395-D

U.S. Steel Mining Company, Incorporated (ALJ decision, December 20, 1991)

U.S. Steel Mining Company, Incorporated (FMSHRC PENN 91-1395-D): Discrimination complaint withdrawn and dismissed

Decision type
ALJ decision
Docket
PENN 91-1395-D
Decided
December 20, 1991
Presiding judge
Avram Weisberger
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 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 United Mine Workers of America filed a discrimination proceeding on behalf of Dennis M. Blouir against U.S. Steel Mining Company, Incorporated. The complainant stated that he intended to withdraw the complaint. Judge Avram Weisberger dismissed the case under 29 C.F.R. § 2700.11. The order does not state that a penalty was assessed.

Decision snapshot

  • Cited provision: 29 C.F.R. § 2700.11
  • Outcome: The discrimination proceeding was dismissed after the complainant stated his intention to withdraw the complaint.
  • Key point: The ALJ dismissed the proceeding when the complainant chose to withdraw it.

Full text (FMSHRC public release)

CCASE:
U.M.W.A. V. U.S. STEEL MINING
DDATE:
19911220
TTEXT:

Page 2

~1960
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

UNITED MINE WORKER OF AMERICA, DISCRIMINATION PROCEEDING
ON BEHALF OF DENNIS M. BLOUIR
COMPLAINANT
Docket No. PENN 91-1395-D

v. PITT CD 91-08

U.S. STEEL MINING COMPANY,
Cumberland Mine
INCORPORATED,
RESPONDENT

ORDER OF DISMISSAL

Before: Judge Weisberger

Complainant has filed a statement in which he indicates his intention to withdraw the complaint. Accordingly, pursuant to 29 C.F.R. 2700.11, this case is DISMISSED.

Avram Weisberger
Administrative Law Judge

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