Ezel / Agency Decisions / WEVA 85-299-D

Secretary of Labor (MSHA), on behalf of Dennis C. Jones v. Southern Ohio Coal Co. (ALJ decision, November 8, 1985)

Secretary of Labor on behalf of Dennis C. Jones v. Southern Ohio Coal Co. (FMSHRC WEVA 85-299-D): Complaint conditionally dismissed pending amendment

Decision type
ALJ decision
Docket
WEVA 85-299-D
Decided
November 8, 1985
Presiding judge
Joseph B. Kennedy
Outcome
Procedural
Precedential status
Interlocutory order, not final
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 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.
Interlocutory ALJ order, not a final decision or Commission precedent
The judge conditionally dismissed the complaint but gave the Solicitor until November 20, 1985, to file an amended complaint. The proceeding remained open during that period and this order did not become a final decision under the 40-day rule in 30 U.S.C. § 823(d)(1). 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 complaint on behalf of Dennis C. Jones against Southern Ohio Coal Co. Judge Joseph B. Kennedy found that the complaint did not comply with Commission Rule 42. He ordered it dismissed unless the Solicitor filed an appropriate amended complaint by November 20, 1985. The order does not decide whether discrimination occurred.

Decision snapshot

  • Cited standards: Commission Rule 42; no mine safety standard is cited.
  • Outcome: The complaint was conditionally dismissed, subject to an amended complaint by November 20, 1985.
  • Key point: The order gives the Solicitor an opportunity to correct the pleading before dismissal takes effect.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. SOUTHERN OHIO COAL
DDATE:
19851108
TTEXT:
~1817
Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. WEVA 85-299-D
ON BEHALF OF
DENNIS C. JONES,
MORG CD 85-4
COMPLAINANT
Martinka No. 1 Mine v.

SOUTHERN OHIO COAL CO.,
RESPONDENT

ORDER

Before: Judge Kennedy

Inasmuch as the complaint in the captioned matter fails to comply with Rule 42 of the Commission's rules, it is ORDERED that the matter be, and hereby is, DISMISSED unless on or before Wednesday, November 20, 1985, the Solicitor files an appropriate amended complaint.

Joseph B. Kennedy
Administrative Law Judge
(703) 756-6210

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