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FMSHRC ALJ decision Docket WEVA 85-100-D Decided September 23, 1985 Settled Judge Gary Melick Transcribed from scan

Rae Jewell Beaver v. Cedar Coal Company

Rae Jewell Beaver v. Cedar Coal Company (FMSHRC WEVA 85-100-D): Discrimination complaint withdrawn under agreement

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This order from 1985 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 1985
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.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

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  • Outcome: The complaint was withdrawn under the parties' agreement and the case was dismissed.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:

--- Page 2 ---

~1414
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

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