Ezel / Agency Decisions / SE 92-420-D

Wayne Kizziah and Roger Kizziah v. C & H Mining Company, Inc. (ALJ decision, August 3, 1992)

Wayne Kizziah and Roger Kizziah v. C & H Mining Company, Inc. (FMSHRC SE 92-420-D): Settled discrimination complaint dismissed

Decision type
ALJ decision
Docket
SE 92-420-D
Decided
August 3, 1992
Presiding judge
Gary Melick
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 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

Wayne Kizziah and Roger Kizziah asked to withdraw their discrimination complaint against C & H Mining Company after the parties reached a settlement. The miners approved the settlement, and the decision states that full payment had been made. Judge Gary Melick granted permission to withdraw under 29 C.F.R. § 2700.11 and dismissed the case.

Decision snapshot

  • Cited provision: 29 C.F.R. § 2700.11
  • Outcome: Withdrawal was approved after settlement payment, and the discrimination case was dismissed.
  • Key point: An ALJ may approve withdrawal of a discrimination complaint when the parties have settled and the affected miners have approved the agreement.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. C & H MINING
DDATE:
19920803
TTEXT:

Page 2

~1571

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

SECRETARY OF LABOR,
DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION ON BEHALF
OF WAYNE KIZZIAH AND
DOCKET NO. SE 92-420-D
ROGER KIZZIAH
BARB-CD-92-12
COMPLAINANTS
BARB-CD-92-13

v. Poplar Springs Mine
I.D. No. 01-02863
C & H MINING COMPANY, INC.,
RESPONDENT

ORDER OF DISMISSAL

Complainants, in essence, request approval to withdraw their complaint in the captioned case for the reason that the parties have reached a settlement agreement approved by the individual miners and full payment under the agreement has been made. Under the circumstances herein, permission to withdraw is granted. 29 C.F.R. 2700.11. This case is therefore dismissed.).

Gary Melick
Administrative Law Judge
703-756-6261

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