Ezel / Agency Decisions / PENN 92-262-D

Tunnelton Mining Company (ALJ decision, May 18, 1992)

Tunnelton Mining Company (FMSHRC PENN 92-262-D): Withdrawal granted and case dismissed

Decision type
ALJ decision
Docket
PENN 92-262-D
Decided
May 18, 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

Elmer Speelman asked to withdraw a discrimination proceeding against Tunnelton Mining Company. Judge Gary Melick granted the request under Commission Rule 11, 29 C.F.R. § 2700.11, and dismissed the case. The short order does not decide the underlying discrimination allegations or assign a penalty.

Decision snapshot

  • Cited standards: 29 C.F.R. § 2700.11
  • Outcome: The withdrawal request was granted and the discrimination proceeding was dismissed.
  • Key point: This was a procedural dismissal and did not resolve the merits of the underlying complaint.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE. 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA. 22041

MAY 18 1992 

  ELMER SPEELMAN,                                        :       DISCRIMINATION PROCEEDING

Complainant
:
:
V. : Docket No. PENN 92-262-D
: MSHA Case No. PITT CD 92-01
TUNNELTON MINING COMPANY,
:
Respondent
:

.ORDER OF DISMISSAL

Complainant requests approval to withdraw the captioned case. Under the circumstances to withdraw is granted. 29 C.F.R. § 2700.11. therefore dismissed.

\:
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Gary Melick .
: .
Administrative Law Judge
703-756-6261
,
Distribution:
Mr. Elmer Speelman, RD #l, Box 1715, Clarksburg, PA 15725 (Certified Mail)
Joseph A. Yuhas, Esq., Tunnelton Mining Company, P.O. BOX 367, Ebensburg, PA 15931 (Certified Mail)

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865

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