Ezel / Agency Decisions / WEVA 86-424-D

Eastern Associated Coal Corporation (ALJ decision, January 12, 1987)

Eastern Associated Coal Corporation (FMSHRC WEVA 86-424-D): Discrimination complaint withdrawn and dismissed

Decision type
ALJ decision
Docket
WEVA 86-424-D
Decided
January 12, 1987
Presiding judge
Gary Melick
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-22
Cited standards
29 C.F.R. § 2700.11
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1987 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 1987
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, with the individual complainant's consent, asked to withdraw a Mine Act discrimination complaint against Eastern Associated Coal Corporation. Judge Gary Melick granted permission to withdraw the complaint under 29 C.F.R. § 2700.11. The case was dismissed.

Decision snapshot

  • Governing rule: 29 C.F.R. § 2700.11
  • Outcome: The discrimination complaint was withdrawn with consent and the case was dismissed.
  • Key point: A discrimination proceeding may be dismissed when the Secretary and the individual complainant seek to withdraw the complaint.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. EASTERN COAL
DDATE:
19870112
TTEXT:

Page 2

~83

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 86-424-D
ON BEHALF OF
JOHNNY S. VANCE,
HOPE CD 86-11
COMPLAINANT
v. Lightfoot No. 2 Mine

EASTERN ASSOCIATED COAL
CORPORATION,
RESPONDENT

ORDER OF DISMISSAL

Appearances: Page H. Jackson, Esq., Office of the Solicitor, U.S. Department of Labor, Arlington, Virginia for Complainant; Steven p. McGowan, Esq., Steptoe & Johnson, Charleston, West Virginia, for Respondent.

Before: Judge Melick

The Secretary with the consent of the individual Complainant requests in effect to withdraw his complaint of discrimination in the captioned case. Under the circumstances herein, permission to withdraw is granted. 29 C.F.R. 2700.11. The case is therefore dismissed.

Gary Melick
Administrative Law Judge
(703) 756-6261

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