Ezel / Agency Decisions / SE 84-38-D

Secretary of Labor on behalf of David J. McConnell v. Jim Walter Resources, Inc. (ALJ decision, October 22, 1984)

Secretary of Labor on behalf of David J. McConnell v. Jim Walter Resources, Inc. (FMSHRC SE 84-38-D): Inadvertently filed complaint withdrawn

Decision type
ALJ decision
Docket
SE 84-38-D
Decided
October 22, 1984
Presiding judge
Gary Melick
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-10-20
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1984 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 1984
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 dismissal, not Commission precedent
This judge's order was subject to Commission review under the 40-day rule in 30 U.S.C. § 823(d)(1). It ended this proceeding 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 Secretary asked to withdraw a discrimination complaint filed on behalf of David J. McConnell against Jim Walter Resources. The submitted documentation showed that McConnell had never filed a discrimination complaint with the Secretary and that the Commission complaint was filed inadvertently. Judge Gary Melick allowed the withdrawal and dismissed the case. The order does not decide whether any discrimination occurred.

Decision snapshot

  • Cited standards: None; this order concerns withdrawal of a complaint.
  • Outcome: Withdrawal allowed and proceeding dismissed.
  • Key point: The complaint had been filed by mistake without an underlying complaint from McConnell.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. JIM RESOURCES
DDATE:
19841022
TTEXT:
~2486

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
DISCRIMINATION PROCEEDINGS
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
ON BEHALF OF
Docket No. SE 84-38-D
DAVID J. McCONNELL,
BARB CD-83-18
COMPLAINANT
Nebo Mine
UNITED MINE WORKERS OF
AMERICA (UMWA),
INTERVENOR v.

JIM WALTER RESOURCES, INC.,
RESPONDENT

ORDER OF DISMISSAL

Appearances: Frederick W. Moncrief, Esq., Office of the Solicitor, U.S. Department of Labor, Arlington, Virginia, for Complainant;
Mary Lu Jordan, Esq., United Mine Workers of America, Washington, D.C., for Intervenor;
David M. Smith, Esq., Maynard, Cooper, Frierson & Gale, P.C., Birmingham, Alabama, and
Robert W. Pollard, Esq., Jim Walter Resources, Inc., Birmingham, Alabama, for Respondent.

Before: Judge Melick

At hearing the Secretary requested approval to withdraw the complaint in the captioned case. Documentation and representations subsequently filed show that Mr. McConnell never filed a complaint of discrimination with the Secretary and that the complaint now before this Commission was inadvertently filed. Under the circumstances, permission to withdraw the complaint is granted. 29 C.F.R. 2700.11. The case is therefore dismissed.

Gary Melick
Assistant Chief Administrative Law Judge

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