Ezel / Agency Decisions / WEVA 83-242-D

Jerry L. Blackburn v. U.S. Steel Mining Co., Inc. (ALJ decision, August 15, 1984)

Blackburn v. U.S. Steel Mining Co., Inc. (FMSHRC WEVA 83-242-D): Discrimination complaint withdrawn

Decision type
ALJ decision
Docket
WEVA 83-242-D
Decided
August 15, 1984
Presiding judge
Joseph B. Kennedy
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-10-20
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1984 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 1984
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 order, not Commission precedent
This ALJ dismissal became final under the 40-day rule in 30 U.S.C. § 823(d)(1). 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

Jerry L. Blackburn asked to withdraw his discrimination complaint against U.S. Steel Mining Co., Inc. Judge Joseph B. Kennedy granted the motion for good cause and dismissed the case. The order gives no account of the underlying allegations and makes no finding on the merits.

Decision snapshot

  • Cited standard: None identified in this order.
  • Outcome: Withdrawal granted and discrimination complaint dismissed; no penalty or merits ruling.
  • Key point: The case ended on Blackburn's withdrawal request.

Full text (FMSHRC public release)

CCASE:
JERRY BLACKBURN V. U.S. STEEL
DDATE:
19840815
TTEXT:
~1990

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

JERRY L. BLACKBURN,
DISCRIMINATION PROCEEDING
COMPLAINANT
v. Docket No. WEVA 83-242-D

U.S. STEEL MINING CO., INC.,
HOPE CD-83-18
RESPONDENT

UNITED MINE WORKERS OF
AMERICA,
INTERVENORS

ORDER OF DISMISSAL

Before: Judge Kennedy

For good cause shown, it is ORDERED that complainant's motion to withdraw the captioned discrimination complaint be, and hereby is, GRANTED and the case DISMISSED. U.S. Steel Mining Co., Inc., 6 FMSHRC 1153 (1984).

Joseph B. Kennedy
Administrative Law Judge

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