Ezel / Agency Decisions / VA 85-5-D

Secretary of Labor on behalf of Larry Collins v. Raven Red Ash Coal Corporation (ALJ decision, April 9, 1986)

Collins v. Raven Red Ash Coal Corporation (FMSHRC VA 85-5-D): Temporary reinstatement case dismissed as moot

Decision type
ALJ decision
Docket
VA 85-5-D
Decided
April 9, 1986
Presiding judge
George A. Koutras
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-10-20
Cited standards
30 U.S.C. § 815(c)
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

The Secretary had sought temporary reinstatement for miner Larry Collins in a discrimination case against Raven Red Ash Coal Corporation. A prior judge ordered his temporary reinstatement, but the order was not enforced and the Secretary later filed a discrimination complaint involving Collins and another miner. Judge George A. Koutras said he had issued a dispositive decision in that separate complaint two days earlier. He dismissed the temporary reinstatement proceeding as moot. This order makes no new discrimination finding and imposes no penalty.

Decision snapshot

  • Governing provision: 30 U.S.C. § 815(c), the Mine Act's discrimination provision.
  • Outcome: Temporary reinstatement proceeding dismissed as moot; no penalty ordered.
  • Key point: The separate decision on the underlying discrimination complaint made the temporary reinstatement petition moot.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. RAVEN RED ASH COAL
DDATE:
19860409
TTEXT:
~602

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

SECRETARY OF LABOR,
DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. VA 85-5-D
ON BEHALF OF
MSHA Case No. NORT CD 84-7
LARRY COLLINS,
COMPLAINANT
Mine No. 1
v.

RAVEN RED ASH COAL
CORPORATION,
RESPONDENT

ORDER OF DISMISSAL

Before: Judge Koutras

This proceeding concerns a temporary reinstatement application filed by MSHA on December 26, 1984, on behalf of the complainant Larry Collins. The case was originally docketed as VA 85Ä5ÄD, and Chief Judge Merlin issued an Order on December 26, 1984, requiring the temporary reinstatement of Mr. Collins pending a hearing on the merits of his complaint. No further action was taken on the reinstatement, and MSHA never requested enforcement of Judge Merlin's order. Subsequently, on August 23, 1985, MSHA filed its discrimination complaint on behalf of Mr. Collins, as well as another miner, Earl Kennedy, and the cases were assigned Docket No. VA 85Ä32ÄD.

On April 7, 1986, I issued my dispositive decision in Docket No. VA 85Ä32ÄD. Under the circumstances, the temporary reinstatement petition filed on behalf of Mr. Collins is moot, and this matter should be dismissed. Accordingly, the case docketed as VA 85Ä5ÄD is dismissed.

George A. Koutras
Administrative Law Judge

What applies to your situation today?

This order bound one employer. Ezel checks the current MSHA standards and Commission precedent against your facts, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace