Gilbert Industrial (ALJ decision, February 4, 1987)

Plain-English summary

Dan L. Thompson asked to withdraw his discrimination complaint against Gilbert Industrial after the parties reached a settlement. Judge Gary Melick granted permission to withdraw the complaint and dismissed the case. The specific settlement terms were sealed and could be reviewed only by order of the Commission, a Commission judge, or a court with jurisdiction.

Decision snapshot

• Cited standard: 29 C.F.R. § 2700.11
• Outcome: The withdrawal was approved, the discrimination case was dismissed, and the settlement terms were sealed.
• Key point: A settled discrimination complaint may be withdrawn and dismissed while the specific settlement terms remain sealed.

Full text (FMSHRC public release)

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

DAN L. THOMPSON,
DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. WEST 85-77-DM
v. MSHA Case No. MD 82-27

GILBERT INDUSTRIAL,
Cyprus Thompson Creek Project
RESPONDENT

ORDER OF DISMISSAL

The Complainant, Dan L. Thompson, requests approval to withdraw his Complaint in the captioned case on the grounds that a mutually agreeable settlement of the underlying controversy has been reached. Under the circumstances herein, permission to withdraw is granted. 29 C.F.R. § 2700.11. The case is therefore dismissed. At the request of the parties the specific terms of the settlement agreement are hereby sealed subject to review only by order of the Commission, a Commission judge, or Court having jurisdiction.
Gary Melick
Administrative Law Judge