Ezel / Agency Decisions / west-95-423-dm-alj
FMSHRC ALJ decision Docket WEST 95-423-DM Decided May 17, 1995 Procedural Judge Richard W. Manning

TVX Mineral Hill Mine

TVX Mineral Hill Mine (FMSHRC WEST 95-423-DM): Temporary reinstatement 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 sought temporary reinstatement for Cody Cherry in a discrimination proceeding against TVX Mineral Hill Mine. Cherry no longer wanted to return to his previous mine position because he had found other employment. The Secretary reserved the possibility of pursuing back pay and a civil penalty in a separate discrimination proceeding. Judge Richard W. Manning granted the withdrawal motion for good cause and dismissed the temporary-reinstatement proceeding.

Decision snapshot

  • Cited standards: None stated in the decision
  • Outcome: The application for temporary reinstatement was withdrawn and the proceeding was dismissed.
  • Key point: The ALJ dismissed the temporary-reinstatement case after the miner found other employment and no longer sought reinstatement.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
1244 SPEER BOULEVARD #280
DENVER, CO 80204-3582
303-844-3577/FAX 303-844-5268

                          May 17, 1995

SECRETARY OF LABOR, : TEMPORARY REINSTATEMENT
MINE SAFETY AND HEALTH : PROCEEDING
ADMINISTRATION (MSHA), :
on behalf of : Docket No. WEST 95-423-DM
CODY CHERRY, :
Complainant : TVX Mineral Hill Mine
:
v. : Mine I.D. 24-01145
:
TVX MINERAL HILL MINE, :
Respondent :

                       ORDER OF DISMISSAL

Before: Judge Manning

 The Secretary of Labor has moved to withdraw its application

for temporary reinstatement of Cody Cherry. The motion states
that Mr. Cherry no longer wishes to be reinstated to his previous
position at the mine because he has found other employment. The
motion further states that the Secretary may decide to pursue
back pay and a civil penalty in a separate discrimination
proceeding. For good cause shown, the motion is GRANTED, and
this proceeding is DISMISSED.

                             Richard W. Manning
                             Administrative Law Judge

Distribution:

Margaret A. Miller, Esq., Office of the Solicitor, U.S. Depart-
ment of Labor, 1999 Broadway, Suite 1600, Denver, CO 80202-5716

David C. Dalthorp, Esq., GOUGH, SHANAHAN, JOHNSON & WATERMAN,

P.O. Box 1715, Helena, MT 59624-1715

RWM

MARGARET A MILLER ESQ
OFFICE OF THE SOLICITOR
U S DEPARTMENT OF LABOR
1999 BROADWAY #1600
DENVER CO 80202-5716

DAVID C. DALTHORP
GOUGH SHANAHAN JOHNSON &
WATERMAN
P O BOX 1715
HELENA MT 59624-1715

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