Ezel / Agency Decisions / VA 86-8-D

Tri-Son Mining, Inc. (ALJ decision, February 19, 1987)

Tri-Son Mining, Inc. (FMSHRC VA 86-8-D): Discrimination complaint dismissed after settlement

Decision type
ALJ decision
Docket
VA 86-8-D
Decided
February 19, 1987
Presiding judge
Gary Melick
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-22
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 1987 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 1987
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

The case was a discrimination proceeding involving Tri-Son Mining, Inc. The complainant asked to withdraw the complaint after the parties reached a mutually agreeable settlement. Judge Gary Melick approved the withdrawal under 29 C.F.R. § 2700.11 and dismissed the case.

Decision snapshot

  • Governing rule: 29 C.F.R. § 2700.11.
  • Outcome: The complaint was withdrawn after settlement, and the case was dismissed.
  • Key point: The judge approved the agreed withdrawal and ended the discrimination proceeding.

Full text (FMSHRC public release)

CCASE:
ROY JOHNSON v. TRI-SON MINING
DDATE:
19870219
TTEXT:

Page 2

~319

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

ROY W. JOHNSON,
DISCRIMINATION PROCEEDING
COMPLAINANT
v. Docket No. VA 86-8-D

TRI-SON MINING, INC.,
NORT CD 86-6
RESPONDENT

ORDER OF DISMISSAL

Before: Judge Melick

Complainant, Roy W. Johnston requests approval to withdraw his Complaint in the captioned case on the grounds that the parties have reached a mutually agreeable settlement. Under the circumstances herein, permission to withdraw is granted. 29 C.F.R. | 2700.11. The case is therefore dismissed.

Gary Melick
Administrative Law Judge

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