Ezel / Agency Decisions / WEST 85-70-C

Local Union 1859, District 22, UMWA v. Emery Mining Corporation (ALJ decision, November 25, 1985)

Local Union 1859, District 22, UMWA v. Emery Mining Corporation (FMSHRC WEST 85-70-C): Compensation case dismissed after payment

Decision type
ALJ decision
Docket
WEST 85-70-C
Decided
November 25, 1985
Presiding judge
James A. Broderick
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 1985 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 1985
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

Local Union 1859 sought compensation from Emery Mining Corporation for time miners were idled by an order at the Little Dove Mine. The union then moved to withdraw its complaint because the miners had been compensated for that time. Judge James A. Broderick granted the withdrawal request and dismissed the proceeding. The order does not state the amount paid or decide a contested compensation issue.

Decision snapshot

  • Claim: Compensation for time miners were idled by an order at the Little Dove Mine.
  • Outcome: Withdrawal motion granted; compensation proceeding dismissed after the miners were paid.
  • Key point: The judge closed the case after the union reported that the compensation sought had been received.

Full text (FMSHRC public release)

CCASE:
LOCAL UNION 1859 (UMWA) v.EMERY MINING
DDATE:
19851125
TTEXT:
~1956
Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

LOCAL UNION 1859, DISTRICT 22,
COMPENATION PROCEEDING
UNITED MINE WORKERS OF
AMERICA (UMWA),
Docket No. WEST 85-70-C
COMPLAINANTS
Order No. 2501161; 12/26/84

v. Little Dove Mine

EMERY MINING CORPORATION,
RESPONDENT

ORDER OF DISMISSAL

Before: Judge Broderick

On November 14, 1985, Complainants moved to withdraw the complaint for compensation filed herein on the ground that the Complainants have been compensated for the time they were idled by the order involved herein.

Premises considered, the motion is GRANTED and this proceeding IS DISMISSED.

James A. Broderick
Administrative Law Judge

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