Ezel / Agency Decisions / VA 84-39-D

Gary L. Lamb, Sr. v. Paramount Mining Corporation (ALJ decision, February 14, 1986)

Gary L. Lamb, Sr. v. Paramount Mining Corporation (FMSHRC VA 84-39-D): Discrimination cases dismissed after settlement

Decision type
ALJ decision
Dockets
VA 84-39-D, VA 86-1-D
Decided
February 14, 1986
Presiding judge
Gary Melick
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-10-20
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 1986 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 1986
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 dismissal 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

Gary Lamb brought two discrimination proceedings against Paramount Mining Corporation. He asked to withdraw his complaint because the parties had reached a settlement. Judge Gary Melick permitted withdrawal under the Commission's procedural rule and dismissed both cases. The order does not state the allegations or settlement terms.

Decision snapshot

  • Governing rule: 29 C.F.R. § 2700.11, withdrawal of a pleading.
  • Outcome: Both discrimination proceedings dismissed after the complainant withdrew under a settlement.
  • Key point: The judge approved withdrawal based on the parties' settlement agreement.

Full text (FMSHRC public release)

CCASE:
GARY LAMB V. PARAMONT MINING
DDATE:
19860214
TTEXT:
~248

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

GARY L. LAMB, SR.,
DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. VA 84-39-D
v. MSHA Case No. NORT CD 84-6

PARAMOUNT MINING CORPORATION,
Docket No. VA 86-1-D
RESPONDENT
MSHA Case No. NORT 85-6

ORDER OF DISMISSAL

Before: Judge Melick

The Complainant, Gary Lamb, seeks to withdraw his Complaint in the captioned cases based on a settlement agreement with Respondent. Under the circumstances herein, permission to withdraw is granted. 29 C.F.R. 2700.11.
The cases are therefore dismissed.

Gary Melick
Administrative Law Judge

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