Ezel / Agency Decisions / va-92-5-d-alj
FMSHRC ALJ decision Docket VA 92-5-D Decided June 17, 1992 Procedural Judge David Barbour Transcribed from scan

Koch Carbon, Inc.

Koch Carbon, Inc. (FMSHRC VA 92-5-D): Discrimination proceeding dismissed with prejudice at complainant's request

Apply this to your situation

This order from 1992 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 1992
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.
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

Raymond D. Sheets told Koch Carbon's counsel that he wished to drop his discrimination case. He also sent the judge a letter requesting that the case against Koch Carbon end with no further action. Neither party responded to the judge's order to show cause why the matter should not be dismissed with prejudice. Judge David Barbour granted the request and dismissed the proceeding with prejudice.

Decision snapshot

  • Cited standards: None stated in the order.
  • Outcome: The discrimination proceeding was dismissed with prejudice at the complainant's request.
  • Key point: A discrimination case may be dismissed with prejudice when the complainant requests dismissal and the parties do not oppose it.

Full text (FMSHRC public release)

Federal Mine Safety and Health Review Commission
Office of Administrative Law Judges
2 Skyline, 10th Floor
5203 Leesburg Pike
Falls Church, Virginia 22041

RAYMOND D SHEETS, DISCRIMINATING PROCEEDING
COMPLAINANT
v. Docket No. VA 92-5-D
KOCH CARBON, INC.,
RESPONDENT NORT CD 91-09

                     DISMISSAL OF PROCEEDING

Before: Judge Barbour

 On April 20, 1992, counsel for Respondent advised me by

letter of a telephone conversation with Complainant in which
Complainant stated that he wished to "drop" this case. Counsel
enclosed a letter dated April 9, 1992, from Complainant to me
(but sent to counsel) stating: "I, Raymond David Sheets, wish to
drop my case against Koch Carbon with no further actions to be
taken." Subsequently, I issued an order to the parties to show
cause within 10 days why this matter should not be dismissed with
prejudice. Neither party has responded to the order.

 ACCORDINGLY, there being no reason given why this case

should be continued on the docket, the Complainant's request is
granted and this matter is DISMISSED with prejudice.

                               David Barbour
                               Administrative Law Judge

Get today's answer for your situation

You just read what one judge decided for one employer in 1992, and it binds only those parties. Ezel checks the current MSHA standards and Commission precedent and answers your specific situation, with citations.

Opens in Ezel Pro. Every answer cites the authority it relies on.