Ezel / Agency Decisions / WEST 83-114-DM

Joseph J. Ceremuga v. Cotter Corporation (ALJ decision, June 13, 1984)

Joseph J. Ceremuga v. Cotter Corporation (FMSHRC WEST 83-114-DM): Miner withdraws discrimination complaint

Decision type
ALJ decision
Docket
WEST 83-114-DM
Decided
June 13, 1984
Presiding judge
John A. Carlson
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-10-20
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1984 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 1984
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 dismissal, not Commission precedent
This order 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 dismisses the miner's complaint with prejudice 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

Joseph J. Ceremuga brought a discrimination complaint against Cotter Corporation concerning its Schwartzwalder Mine near Denver. He asked to dismiss the complaint because he did not want to leave his job in Arizona to attend a hearing scheduled in Denver. Judge John A. Carlson found that Ceremuga wished to abandon the claim and granted his motion. The complaint was dismissed with prejudice, so this order did not decide its merits.

Decision snapshot

  • Cited standards: None identified in the order.
  • Outcome: The miner's discrimination complaint was dismissed with prejudice at his request.
  • Key point: The judge granted the complainant's request to end the proceeding before the scheduled hearing.

Full text (FMSHRC public release)

CCASE:
JOSEPH CEREMUGA V. COTTER
DDATE:
19840613
TTEXT:

Page 2

~1521

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

JOSEPH J. CEREMUGA,
DISCRIMINATION PROCEEDING
COMPLAINANT
v. Docket No. WEST 83-114-DM

COTTER CORPORATION,
MSHA Case No. MD 83-25
RESPONDENT
Schwartzwalder Mine

ORDER OF DISMISSAL

Before: Judge Carlson

Joseph J. Ceremuga, the pro se complainant herein, has moved for the dismissal of his complaint in this discrimination case on grounds that he does not want to leave his present job in Arizona to attend the hearing scheduled in Denver, Colorado for June 27, 1984. The mine at which the complaint arose is near Denver, Colorado, and the mine operator has previously made clear its wish that the hearing be held near the mine site. The hearing was previously continued from March 21, 1984 at complainant's request.

Since it is now clear that complainant wishes to abandon his claim, the motion will be granted.

Accordingly, the miner's complaint is dismissed with prejudice.

SO ORDERED.

John A. Carlson
Administrative Law Judge

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