Ezel / Agency Decisions / VINC 74-113

Secretary of Labor (MSHA) v. Old Ben Coal Company (Commission decision, October 19, 1981)

Secretary of Labor (MSHA) v. Old Ben Coal Company (FMSHRC VINC 74-113): Proceeding voluntarily dismissed

Decision type
Commission decision
Docket
VINC 74-113
Decided
October 19, 1981
Outcome
Procedural
Precedential status
Citable Commission precedent
Checked against source
2026-10-22
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this precedent to your situation

This is citable Commission precedent from 1981, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Currency note: this decision dates from 1981
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.
Decision of the Commission
The Commission granted the Secretary's unopposed motion for voluntary dismissal. This order ends this proceeding without deciding its merits or setting a penalty. 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 moved to dismiss a proceeding against Old Ben Coal Company. The motion was unopposed, and the Commission granted voluntary dismissal. The brief order gives no reason for the motion and does not decide a citation or set a penalty.

Decision snapshot

  • Cited standards: None identified in this order.
  • Outcome: The proceeding was voluntarily dismissed; no penalty was set in this order.
  • Key point: The Commission granted the Secretary's unopposed dismissal motion without a merits ruling.

Full text (FMSHRC public release)

CCASE:
MSHA V. OLD BEN COAL
DDATE:
19811019
TTEXT:
FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION
WASHINGTON, D.C.
October 19, 1981
SECRETARY OF LABOR,
MINE SAFETY AND HEALTH Docket No. VINC 74-113
ADMINISTRATION (MSHA)
IBMA No. 76-81

v.

OLD BEN COAL COMPANY

ORDER
The Secretary of Labor's unopposed motion for voluntary dismissal
is granted.
~2284
Distribution
Ann Rosenthal, Esq.
Michael McCord, Esq.
Office of the Solicitor
U.S. Department of Labor
4015 Wilson Blvd.
Arlington, Virginia 22203
Robert J. Araujo, Esq.
Edmund J. Moriarity, Esq.
Law Department
Old Ben Coal Company
69 West Washington Street
Chicago, Illinois 60602

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