Ezel / Agency Decisions / VA 93-100-D

Clinchfield Coal Company (ALJ decision, October 17, 1994)

Clinchfield Coal Company (FMSHRC VA 93-100-D): Complaint withdrawn and case dismissed

Decision type
ALJ decision
Docket
VA 93-100-D
Decided
October 17, 1994
Presiding judge
Gary Melick
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-13
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 1994 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 1994
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 Secretary of Labor asked to withdraw a discrimination complaint brought on behalf of Ronald Rose against Clinchfield Coal Company. The Secretary relied on the Commission's decision in Swift et al v. Consolidation Coal Co., 16 FMSHRC 201 (1994). Judge Gary Melick granted permission to withdraw the complaint under 29 C.F.R. § 2700.11 and dismissed the case.

Decision snapshot

  • Cited standard(s): 29 C.F.R. § 2700.11
  • Outcome: Withdrawal of the complaint was granted and the case was dismissed.
  • Key point: The ALJ dismissed the discrimination proceeding after granting the Secretary's request to withdraw the complaint.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. CLINCHFIELD COAL CO.
DDATE:
19941017
TTEXT:

Page 2

~2120
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

SECRETARY OF LABOR,
: DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA)
: Docket No. VA 93-100-D
on behalf of RONALD ROSE, : MSHA Case No. NORT CD 92-02 Complainant :
v. : McClure No. 2 Mine
:
CLINCHFIELD COAL COMPANY, :
Respondent :

ORDER OF DISMISSAL

Before: Judge Melick

The Secretary requests approval to withdraw his Complaint in the captioned case in reliance upon the Commission's decision in Swift et al v. Consolidation Coal Co., 16 FMSHRC 201 (1994). Under the circumstances herein, permission to withdraw is granted. 29 C.F.R. 2700.11. This case is therefore DISMISSED.

Gary Melick
Administrative Law Judge

Distribution:

Edward H. Fitch, Esq., Office of the Solicitor, U.S. Department of Labor, 4015 Wilson Blvd., Suite 400, Arlington, VA 22203 (Certified Mail)

Hilary K. Johnson, Esq., Clinchfield Coal Co., P.O. Box 4000, Lebanon, VA 24266 (Certified Mail)

/lh

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