Ezel / Agency Decisions / SE 91-26-C

U. S. Steel Mining Company, Incorporated (ALJ decision, April 13, 1992)

Local Union 2122 v. U. S. Steel Mining Company (FMSHRC SE 91-26-C): Settlement withdrawal granted and case dismissed

Decision type
ALJ decision
Docket
SE 91-26-C
Decided
April 13, 1992
Presiding judge
Avram Weisberger
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 order, not Commission precedent
This order granted withdrawal based on a filed stipulation of settlement and dismissed the compensation proceeding. It 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

Local Union 2122 of the United Mine Workers of America filed a compensation proceeding against U. S. Steel Mining Company concerning the Oak Grove Mine. The union moved to withdraw the case based on a stipulation of settlement filed by the parties. Judge Avram Weisberger granted the motion and dismissed the case.

Decision snapshot

  • Governing provision: 29 C.F.R. § 2700.11
  • Outcome: Withdrawal based on the settlement stipulation was granted, and the case was dismissed.
  • Key point: A party may withdraw a proceeding after filing a settlement stipulation, subject to the ALJ's approval.

Full text (FMSHRC public release)

CCASE:
UMWA v. U. S. STEEL MINING
DDATE:
19920413
TTEXT:

Page 2

~563
Federal Mine Safety and Health Review Commission Office of Administrative Law Judges
2 Skyline, 10th Floor
5203 Leesburg Pike
Falls Church, Virginia 22041

LOCAL UNION 2122, DISTRICT 20,
COMPENSATION PROCEEDING
UNITED MINE WORKERS OF
AMERICA,
Docket No. SE 91-26-C
COMPLAINANTS
v. Oak Grove Mine

U. S. STEEL MINING COMPANY,
INCORPORATED,
RESPONDENT

ORDER OF DISMISSAL
Before: Judge Weisberger

The Stay Order issued on July 18, 1992, is hereby lifted.
On March 31, 1992, Complainant's filed a Motion to Withdraw based on a stipulation of settlement filed January 31, 1992.
Pursuant to 29 C.F.R. § 2700.11, this Motion is granted, based on
the assertions set forth in the Motion.

It is ORDERED that this case be DISMISSED.

Avram Weisberger
Administrative Law Judge

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