Ezel / Agency Decisions / WEST 93-361-DM

Donald R. Holder v. Nevada Gold Mining, Inc. (ALJ decision, August 23, 1993)

Donald R. Holder v. Nevada Gold Mining, Inc. (FMSHRC WEST 93-361-DM): Discrimination proceeding dismissed after settlement

Decision type
ALJ decision
Docket
WEST 93-361-DM
Decided
August 23, 1993
Presiding judge
John J. Morris
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-14
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1993 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 1993
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

Donald R. Holder brought a discrimination proceeding against Nevada Gold Mining, Inc. concerning the Sleeper Mine. The parties reached an amicable settlement, and Holder requested dismissal of the complaint. Judge John J. Morris granted the request and dismissed the case.

Decision snapshot

  • Cited standard(s): None stated in the decision.
  • Outcome: The discrimination proceeding was dismissed after the parties reached a settlement.
  • Key point: The judge granted the complainant's request to dismiss after the parties settled the case.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
1244 SPEER BOULEVARD #280
DENVER, CO 80204-3582
(303) 844-5267/FAX (303) 844-5268

August 23, 1993

DONALD R. HOLDER,
: DISCRIMINATION PROCEEDING
Complainant, :
: Docket No. WEST 93-361-DM
v. : WE MD 93-06
:
NEVADA GOLD MINING, INC., : Sleeper Mine
Respondent
:

ORDER OF DISMISSAL

Before: Judge Morris

The parties reached an amicable settlement in the above case and Complainant requested that his complaint be dismissed.

For good cause shown, the motion is GRANTED and the case is DISMISSED.
John J. Morris
Administrative Law Judge

Distribution:

Mr. Donald R. Holder, Route 2, Box 352D, Pottsboro, TX 75076
(Certified Mail)

Henry Chajet, Esq., James G. Zissler, Esq., JACKSON & KELLY, 2401
Pennsylvania Avenue, N.W., Washington, DC 20037 (Certified Mail)

ek

What applies to your situation today?

This order bound one employer. Ezel checks the current MSHA standards and Commission precedent against your facts, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace