Davidson Mining, Inc. (ALJ decision, December 3, 1986)

Davidson Mining, Inc. (FMSHRC WEVA 86-87-D): Discrimination case dismissed

Decision type

ALJ decision

Docket

WEVA 86-87-D

Decided

December 3, 1986

Presiding judge

George A. Koutras

Outcome

Procedural

Precedential status

Final order, not precedent

Checked against source

2026-08-26

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.

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

Johnny Wall’s discrimination case against Davidson Mining was scheduled for hearing after the parties reported that they had agreed to settle. The hearing was cancelled, but the parties did not file their promised joint settlement agreement or otherwise update the judge. After a show-cause order also went unanswered, Judge George A. Koutras dismissed the case.

Decision snapshot

Cited standards: None stated in the decision.
Outcome: The discrimination proceeding was dismissed for failure to respond to the judge’s orders.
Key point: A reported settlement does not end an administrative case until the parties complete the required filing and respond to the judge’s orders.

Full text (FMSHRC public release)

CCASE:
JOHNNY WALL V. DAVIDSON MINING
DDATE:
19861203
TTEXT:

Page 2

~1877

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

JOHNNY WALL,
DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. WEVA 86-87-D
v. MSHA Case No. HOPE CD 86-1

DAVIDSON MINING, INC.,
No. 1 Mine
RESPONDENT

ORDER OF DISMISSAL

Before: Judge Koutras

Statement of the Case

This discrimination case was scheduled for a hearing on October 21, 1986, in Beckley, West Virginia, and the parties were so informed by my Notice of Hearing of August 6, 1986. On September 25, 1986, complainant's counsel Kathryn R. Bayless advised me by telephone that the parties agreed to settle the matter, and that they would file their joint settlement agreement with me within the next week. In view of the settlement, the scheduled hearing was cancelled, and the parties were so informed by my order of October 9, 1986. The parties were requested to file their settlement agreement with me by October 19, 1986. They have failed to do so.

In view of the failure by the parties to file their settlement agreement with me, or to otherwise communicate with me regarding the status of the case, I issued an order on November 11, 1986, directing the parties to show cause why this matter should not be dismissed because of their failure to respond to my orders. The parties have again failed to respond.

ORDER

In view of the failure by the parties to respond to my Orders, this matter IS DISMISSED.

George A. Koutras
Administrative Law Judge

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