Rae Jewell Beaver v. Cedar Coal Company (ALJ decision, September 23, 1985)

Plain-English summary

Rae Jewell Beaver asked to withdraw her discrimination complaint against Cedar Coal Company under an agreement between the parties. Cedar agreed to allow employees to review their personnel files, provide Beaver with neutral job references, expunge the incident from her file, and provide drillers with transportation or communication sufficient to meet applicable safety and health requirements. Judge Gary Melick approved the withdrawal under 29 C.F.R. § 2700.11 and dismissed the case.

Decision snapshot

• Governing provision: 29 C.F.R. § 2700.11
• Outcome: The complaint was withdrawn under the parties' agreement and the case was dismissed.
• Key point: An ALJ may approve withdrawal of a discrimination complaint after the parties agree to personnel-file, reference, and safety-communication terms.

Full text (FMSHRC public release)

CCASE:
RAE JEWELL BEAVER v. CEDAR COAL
DDATE:
19850923
TTEXT:

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

RAE JEWELL BEAVER,
DISCRIMINATION PROCEEDING
COMPLAINANT
v. Docket No. WEVA 85-100-D
MSHA Case No. HOPE 84-17
CEDAR COAL COMPANY,
RESPONDENT
Surface Mine

ORDER OF DISMISSAL

Appearances: Paul K. Reese, Esq., UMWA, Charleston, West Virginia, for Complainant;
Joseph M. Price, Esq., Robinson & McElwee, Charleston, West Virginia, for Respondent

Before: Judge Melick

Complainant requests approval to withdraw her Complaint in the captioned case upon the following agreement between the parties hereto:

(1) That Cedar Coal Company policy provide that any employee may, upon reasonable advance notice, review his/her personnel file.
(2) That any job references relative to Rae Jewell Beaver will be neutral, and any reference to the incident involved in this complaint will be expunged from complainant's file.

(3) That Cedar Coal Company will provide drillers with either transportation or communication sufficient to meet all applicable safety and health statutes and regulations.

Under the circumstances herein, permission to withdraw the Complaint is granted. 29 C.F.R. § 2700.11. The case is therefore dismissed.

Gary Melick
Administrative Law Judge