Ezel / Agency Decisions / west-95-134-d-alj
FMSHRC ALJ decision Docket WEST 95-134-D Decided January 24, 1996 Procedural Judge Roy J. Maurer

Amax Coal West, Inc.

Amax Coal West, Inc. (FMSHRC WEST 95-134-D): Discrimination complaint withdrawn and dismissed

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This order from 1996 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 1996
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

Orville E. Moore asked to withdraw his Mine Act discrimination complaint against Amax Coal West because he had a parallel case pending with the Equal Employment Opportunity Commission and intended to pursue his remedies there. Judge Roy J. Maurer granted permission to withdraw the complaint at the hearing and confirmed that ruling in this order. The case was dismissed with prejudice.

Decision snapshot

  • Governing provision: 29 C.F.R. § 2700.11
  • Outcome: Permission to withdraw was granted, and the discrimination case was dismissed with prejudice.
  • Key point: The ALJ approved withdrawal where the complainant elected to pursue a parallel EEOC proceeding.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                 OFFICE OF ADMINISTRATIVE LAW JUDGES
                         2 SKYLINE, 10th FLOOR
                          5203 LEESBURG PIKE
                     FALLS CHURCH, VIRGINIA 22041



                       January 24, 1996

ORVILLE E. MOORE, : DISCRIMINATION PROCEEDING
Complainant :
v. : Docket No. WEST 95-134-D
:
AMAX COAL WEST, INC, : DENV CD-95-02
Respondent :
: Eagle Butte Mine

                      ORDER OF DISMISSAL

Appearances: Mr. Orville E. Moore, Alexandria, Louisiana,
Pro Se;
R. Henry Moore, Esq., Buchanan Ingersoll, P.C.,
Pittsburgh, Pennsylvania, for Respondent.

Before: Judge Maurer

 At hearing, Complainant, Orville E. Moore, in effect,

requested approval to withdraw his complaint in the captioned
case, on procedural grounds. He has a parallel case pending with
the Equal Employment Opportunity Commission (EEOC) and intends to
pursue his remedies under that statute in that forum. Permission
to withdraw was accordingly granted at hearing and is herein
confirmed. 29 C.F.R. § 2700.11. This case is therefore
DISMISSED, with prejudice.

                                 Roy J. Maurer
                                 Administrative Law Judge

Distribution:

Mr. Orville E. Moore, 1223 Wilshire Drive, Alexandria, LA 71303
(Certified Mail)

R. Henry Moore, Esq., Buchanan Ingersoll Professional
Corporation, One Oxford Centre, 301 Grant Street, 20th Floor,
Pittsburgh, PA 15219-1410 (Certified Mail)

dcp

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