Ezel / Agency Decisions / VA 89-9-D

New World Mining Company (ALJ decision, March 16, 1989)

New World Mining Company (FMSHRC VA 89-9-D): Discrimination case dismissed with prejudice

Decision type
ALJ decision
Docket
VA 89-9-D
Decided
March 16, 1989
Presiding judge
Gary Melick
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-17
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1989 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 1989
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
The judge dismissed the discrimination proceeding with prejudice after the complainant failed to respond to an order to show cause and advised that he did not wish to pursue the case. It 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.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

Plain-English summary

Tommy Meade brought a discrimination proceeding against New World Mining Company concerning the No. 1 Strip Mine. The judge ordered Meade to show cause why the case should not be dismissed for failure to comply with the prehearing order. Meade did not respond, and his attorney's office advised that he did not wish to pursue the case. Judge Gary Melick dismissed the proceeding with prejudice.

Decision snapshot

  • Cited standard(s): The order does not identify specific Mine Act standards.
  • Outcome: The discrimination proceeding was dismissed with prejudice.
  • Key point: Failure to comply with the prehearing order and failure to respond to the show-cause order led to dismissal.

Full text (FMSHRC public release)

CCASE:
TOMMY MEADE V. NEW WORLD MINING
DDATE:
19890316
TTEXT:

Page 2

~361
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

TOMMY MEADE,
DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. VA 89-9-D
v. NORT CD 88-07

NEW WORLD MINING COMPANY,
No. 1 Strip Mine
RESPONDENT

ORDER OF DISMISSAL

Before: Judge Melick

On March 2, 1989, an order was issued to the Complainant to show cause on or before March 10, 1989, why this case should not be dismissed for failure to comply with the Prehearing Order herein.

On March 9, 1989, the office of the attorney for the Complainant, Berlin Skeen, Esq., called advising this office that the Complainant did not wish to pursue this case. In addition, Complainant has failed to respond to the Show Cause Order.

Wherefore the captioned proceedings are dismissed with prejudice.

Gary Melick
Administrative Law Judge
(703) 756-6261

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