Ezel / Agency Decisions / west-95-221-d-alj
FMSHRC ALJ decision Docket WEST 95-221-D Decided May 31, 1995 Procedural Judge Avram Weisberger

Kerr-McGee Coal Corporation

Kerr-McGee Coal Corporation (FMSHRC WEST 95-221-D): discrimination proceeding dismissed

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This order from 1995 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 1995
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

The Secretary of Labor brought a discrimination proceeding on behalf of Mark Beyer against Kerr-McGee Coal Corporation concerning the Jacobs Ranch Mine. The Secretary moved to dismiss the case. Judge Avram Weisberger granted the motion, cancelled the hearing scheduled for August 8, 1995, and dismissed the proceeding.

Decision snapshot

  • Cited standard(s): The order does not identify specific Mine Act safety standards.
  • Outcome: The scheduled hearing was cancelled and the discrimination proceeding was dismissed.
  • Key point: The ALJ granted the Secretary's motion to dismiss based on the assertions in that motion.

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


                          May 31, 1995

SECRETARY OF LABOR, : DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. WEST 95-221-D
ON BEHALF OF MARK BEYER, : A.C. No. DENV CD 94-27
Complainant :
v. : Jacobs Ranch Mine
: Mine ID 48-00997
KERR-McGEE COAL CORPORATION, :
Respondent :

                      ORDER OF DISMISSAL

Before: Judge Weisberger

 The Secretary's Motion to Dismiss is granted based on the

assertions set forth in the Motion.

 It is ORDERED that the hearing in this case scheduled for

August 8, 1995, is cancelled. It is further ORDERED that this
case be DISMISSED.

                                Avram Weisberger
                                Administrative Law Judge

Distribution:

Kristi Floyd, Esq., Office of the Solicitor, U.S. Department of
Labor, 1999 Broadway, Suite 1600, Denver, CO 80202-5716
(Certified Mail)

Charles W. Sherman, Esq., Sherman & Howard, L.L.C., First
Interstate Tower North, 633 17th Street, Suite 3000, Denver,
CO 80202 (Certified Mail)

/ml

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