Ezel / Agency Decisions / WEST 91-197-DM

Barrick Goldstrike, Inc. (ALJ decision, October 20, 1992)

Barrick Goldstrike, Inc. (FMSHRC WEST 91-197-DM): Discrimination case dismissed with prejudice

Decision type
ALJ decision
Docket
WEST 91-197-DM
Decided
October 20, 1992
Presiding judge
John J. Morris
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-15
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1992 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 1992
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

Linda J. Van Tassel brought a discrimination proceeding against Barrick Goldstrike, Inc. The parties jointly moved to dismiss the case with prejudice. Judge John J. Morris granted the motion and canceled the hearing scheduled for October 27, 1992, in Elko, Nevada.

Decision snapshot

  • Cited provisions: No specific Mine Act standard is identified in the official released text.
  • Outcome: The discrimination proceeding was dismissed with prejudice and the scheduled hearing was canceled.
  • Key point: The ALJ granted the parties' joint dismissal request before the scheduled hearing.

Full text (FMSHRC public release)

CCASE:
LINDA VAN TASSEL V. BARRICK GOLDSTRIKE
DDATE:
19921020
TTEXT:

Page 2

~1727

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1244 SPEER BOULEVARD #280
DENVER, CO 80204-3582
(303) 844-5266/FAX (303) 844-5268

LINDA J. VAN TASSEL,
: DISCRIMINATION PROCEEDING
Complainant
:
v. : Docket No. WEST 91-197-DM
: WE MD-04
BARRICK GOLDSTRIKE, INC.,
:
Respondent
:

ORDER OF DISMISSAL

Before: Judge Morris

The parties moved that the above case be dismissed with prejudice.

The motion is GRANTED and the hearing scheduled in Elko, Nevada, for October 27, 1992, is CANCELED.

John J. Morris
Administrative Law Judge

Distribution:

Victor Alan Perry, Esq., Gloria M. Basterrechea, Esq., PERRY & SPANN, P.C.,
6130 Plumas Street, Reno, NV 89509 (Certified Mail)

Charles R. Zeh, Esq., BECKLEY, SINGLETON, DE LANOY, JEMISON & LIST, CHTD., 100
West Liberty Street, Suite 700, Reno, NV 89501 (Certified Mail)

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