Ezel / Agency Decisions / SE 92-1-DM

S & S Material, Inc. (ALJ decision, October 24, 1991)

S & S Material, Inc. (FMSHRC SE 92-1-DM): Discrimination case dismissed

Decision type
ALJ decision
Docket
SE 92-1-DM
Decided
October 24, 1991
Presiding judge
Avram Weisberger
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-16
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
This ruling became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because the Commission did not direct review. It 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

This discrimination proceeding concerned Jimmie L. Callan and S & S Material, Inc. The Secretary of Labor moved to withdraw the motion for temporary reinstatement, and Judge Avram Weisberger granted that motion based on the assertions presented. The judge then dismissed the case. The order does not decide the underlying discrimination allegations or assess a civil penalty.

Decision snapshot

  • Cited standard(s): None stated in the decision
  • Outcome: The motion to withdraw the request for temporary reinstatement was granted, and the case was dismissed.
  • Key point: The order resolves the procedural motion and does not rule on the underlying discrimination allegations.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. S & S MATERIAL
DDATE:
19911024
TTEXT:

Page 2

~1714
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

SECRETARY OF LABOR,
DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. SE 92-1-DM
ON BEHALF OF
JIMMIE L. CALLAN
SE-MD-91-03
COMPLAINANT
Beers Pit v.

S & S MATERIAL, INC.,
RESPONDENT

ORDER OF DISMISSAL

Before: Judge Weisberger

The Secretary's Motion to Withdraw Appication for Temporary Reinstatement is GRANTED based on the assertions in the Motion.

It is ORDERED that this case be DISMISSED.

Avram Weisberger
Administrative Law Judge

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