Ezel / Agency Decisions / WEVA 86-69-D

Secretary of Labor on behalf of Kevin L. Smith v. Consolidation Coal Company (ALJ decision, April 28, 1986)

Smith v. Consolidation Coal Company (FMSHRC WEVA 86-69-D): Discrimination proceeding dismissed

Decision type
ALJ decision
Docket
WEVA 86-69-D
Decided
April 28, 1986
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 1986 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 1986
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 dismissal 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 brought a discrimination proceeding on behalf of Kevin L. Smith against Consolidation Coal Company. Judge Joseph B. Kennedy had allowed the complainant to file a complaint under a March 11, 1986 order. Because the complainant did not file it, the judge dismissed the matter. This short order does not describe the underlying discrimination allegation or cite a specific Mine Act provision.

Decision snapshot

  • Cited standard: None identified in this dismissal order.
  • Outcome: Discrimination proceeding dismissed for failure to file the complaint.
  • Key point: The judge dismissed the case after the complainant did not submit the complaint permitted by an earlier order.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. CONSOLIDATION COAL
DDATE:
19860428
TTEXT:
~647

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 86-69-D
ON BEHALF OF
KEVIN L. SMITH,
MORG CD 85-20
COMPLAINANT
Loveridge No. 22 Mine v.

CONSOLIDATION COAL COMPANY,
RESPONDENT

ORDER OF DISMISSAL

Before: Judge Kennedy

Complainant having failed to file his complaint as allowed by the order of March 11, 1986, it is ORDERED that the captioned matter be, and hereby is, DISMISSED.

Joseph B. Kennedy
Administrative Law Judge

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