Ezel / Agency Decisions / weva-86-87-d-alj
FMSHRC ALJ decision Docket WEVA 86-87-D Decided December 3, 1986 Procedural Judge George A. Koutras

Davidson Mining, Inc.

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

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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 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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