Ezel / Agency Decisions / WEST 88-244-DM

Asarco, Inc. (ALJ decision, August 3, 1989)

Asarco, Inc. (FMSHRC WEST 88-244-DM): Discrimination proceeding settled and dismissed

Decision type
ALJ decision
Docket
WEST 88-244-DM
Decided
August 3, 1989
Presiding judge
Michael A. Lasher, Jr.
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-17
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 1989 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 1989
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 approving a settlement, 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.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

Plain-English summary

Bruce Mitchell and Asarco, Inc. reached an amicable resolution of the discrimination proceeding. Through counsel, the parties filed a stipulation of voluntary dismissal with prejudice based on their settlement agreement. Judge Michael A. Lasher, Jr. treated the stipulation as a withdrawal of Mitchell's action under Commission Rule 11 and dismissed the proceeding with prejudice.

Decision snapshot

  • Governing rule: 29 C.F.R. § 2700.11.
  • Outcome: The discrimination proceeding was settled and dismissed with prejudice.
  • Key point: A party's action may be withdrawn and dismissed with prejudice under a voluntary-dismissal stipulation based on a settlement.

Full text (FMSHRC public release)

CASE:
BRUCE MITCHEL V. ASARCO
DATE:
19890803
TEXT:

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

BRUCE MITCHELL,
DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. WEST 88-244-DM
v. MD 87-59

ASARCO, INC.,
Troy Mine
RESPONDENT

DECISION

Before: Judge Lasher

The parties have reached an amicable resolution of this matter. On July 17, 1989, the parties, through counsel filed herein a duly executed "Stipulation of Voluntary Dismissal With Prejudice", requesting dismissal of this matter with prejudice based on their settlement agreement. Based on their Stipulation, which inter alia constitutes in essence a withdrawal of Complainant's action herein, pursuant to Commission Rule 11 (29 C.F.R. 2700.11), this proceeding is DISMISSED with prejudice.

Michael A. Lasher, Jr.
Administrative Law Judge

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