Ezel / Agency Decisions / se-95-132-d-alj
FMSHRC ALJ decision Docket SE 95-132-D Decided May 9, 1995 Settled Judge T. Todd Hodgdon

U.S. Steel Mining Company

U.S. Steel Mining Company (FMSHRC SE 95-132-D): Discrimination complaint dismissed after resolution

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This order from 1995 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 1995
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 the final decision of the Commission 40 days after issuance under 30 U.S.C. § 823(d)(1) because no later Commission review appears in the official index. It binds the parties but is not binding on the Commission in other cases. 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

Terry McGill filed a Mine Act discrimination complaint against U.S. Steel Mining Company concerning the Oak Grove Mine. The parties resolved their differences, and McGill requested permission to withdraw the complaint. Judge T. Todd Hodgdon granted the request under Commission Rule 11 and dismissed the case.

Decision snapshot

  • Governing provisions: 30 U.S.C. § 815(c); 29 C.F.R. § 2700.11
  • Outcome: The discrimination complaint was withdrawn with the Judge's approval and dismissed.
  • Key point: A complainant may withdraw a Mine Act discrimination pleading at any stage with approval from the Judge or Commission.

Full text (FMSHRC public release)


[DOCID: f:se95-132.wais]

U.S. STEEL MINING COMPANY
May 9, 1995
SE 95-132

       FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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


                         May 9, 1995

TERRY McGILL, : DISCRIMINATION PROCEEDING
Complainant :
v. : Docket No. SE 95-132-D
: BARB CD 94-32
U.S. STEEL MINING COMPANY, :
Respondent : Oak Grove Mine
: Mine ID 01-00851
UNITED MINE WORKERS OF :
AMERICA (UMWA), :
Intervenor :

                      ORDER OF DISMISSAL

Before: Judge Hodgdon

 This case is before me on a complaint of discrimination

under Section 105(c) of the Federal Mine Safety and Health
Act of 1977, 30 U.S.C. § 815(c). The Complainant has requested
leave to withdraw his complaint because the parties have
resolved their differences. Commission Rule 11, 29 C.F.R. §
2700.11, provides that "[a] party may withdraw a pleading at
any stage of a proceeding with the approval of the Judge or
the Commission."

 Accordingly, the motion for leave to withdraw is GRANTED

and it is ORDERED that this case is DISMISSED.

                          T. Todd Hodgdon
                          Administrative Law Judge

Distribution:

Mr. Terry McGill, Route 13, Box 311, Jasper, AL 35501

Robert M. Weaver, Esq., United Mine Worker's of America,
Longshore, Nakamura & Quinn, Suite 300, 2100 First Avenue
North, Birmingham, AL 35203

Billy Tennant, Esq., U.S. Steel, 600 Grant Street, USX
Tower, Pittsburgh, PA 15219

/lbk

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