Ezel / Agency Decisions / PENN 94-323-DM

Bradys Bend Corporation (ALJ decision, October 17, 1994)

Bradys Bend Corporation (FMSHRC PENN 94-323-DM): Discrimination complaint withdrawn and case dismissed

Decision type
ALJ decision
Docket
PENN 94-323-DM
Decided
October 17, 1994
Presiding judge
Gary Melick
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-13
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 1994 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 1994
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

Kenneth E. Vogt Sr. asked to withdraw his discrimination complaint against Bradys Bend Corporation. The complaint concerned work at Kaylor Mine No. 3. Judge Gary Melick granted permission to withdraw the complaint under 29 C.F.R. § 2700.11. The case was dismissed and the hearing scheduled for October 18, 1994, was canceled.

Decision snapshot

  • Cited standard(s): 29 C.F.R. § 2700.11
  • Outcome: Withdrawal was granted, the case was dismissed, and the scheduled hearing was canceled.
  • Key point: An ALJ may grant a complainant's request to withdraw a complaint, resulting in dismissal of the proceeding.

Full text (FMSHRC public release)

CCASE:
K.E. VOGT SR. V. BRADYS BEND CORP.
DDATE:
19941017
TTEXT:

Page 2

~2118
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

KENNETH E. VOGT, SR.,
: DISCRIMINATION PROCEEDING
Complainant :
v. : Docket No. PENN 94-323-DM
: MSHA Case No. NE MW 94-03
BRADYS BEND CORPORATION,
:
Respondent : Kaylor Mine No. 3 36-00033

ORDER OF DISMISSAL

Before: Judge Melick

Complainant, Kenneth E. Vogt, Sr., requests approval to withdraw his complaint in the captioned case. Under the circumstances herein, permission to withdraw is granted.
29 C.F.R. 2700.11. This case is therefore DISMISSED and
the hearing scheduled for October 18, 1994, is canceled.

Gary Melick
Administrative Law Judge

Distribution:

John J. Morgan, Esq., 115 S. Washington St., Butler, PA 16001
(Certified Mail)

Mark N. Savit, Esq., Thad S. Huffman, Esq., Jackson and Kelly,
2401 Pennsylvania Ave., N.W., Suite 400, Washington, D.C. 20037
(Certified Mail)

William Hoganmiller, Miners' Representative, c/o Bradys Bend
Corp., 930 Cass St., New Castle, PA 16101 (Certified Mail)

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