Ezel / Agency Decisions / WEVA 87-79-D

Valley Camp Coal Company (Donaldson Mining Company) (ALJ decision, May 19, 1987)

Valley Camp Coal Company (FMSHRC WEVA 87-79-D): Discrimination complaint dismissed after settlement

Decision type
ALJ decision
Docket
WEVA 87-79-D
Decided
May 19, 1987
Presiding judge
Roy J. Maurer
Outcome
Settled
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 of Labor, on behalf of Ronald G. Nelson, sought to withdraw a discrimination complaint against Valley Camp Coal Company, identified in the decision as Donaldson Mining Company. The request stated that the parties had reached a mutually agreeable settlement, and Nelson consented to the withdrawal. Judge Roy J. Maurer granted the request under 29 C.F.R. § 2700.11 and dismissed the case.

Decision snapshot

  • Cited standard: 29 C.F.R. § 2700.11
  • Outcome: The discrimination complaint was withdrawn with consent after settlement, and the case was dismissed.
  • Key point: A mutually agreeable settlement supported withdrawal of the complaint and dismissal of the proceeding.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. RONALD NELSON
DDATE:
19870519
TTEXT:

Page 2

~944

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 87-79-D
ON BEHALF OF
RONALD G. NELSON,
HOPE CD 86-23
COMPLAINANT
VC No. 15ÄA Mine v.

VALLEY CAMP COAL COMPANY,
(DONALDSON MINING COMPANY),
RESPONDENT

ORDER OF DISMISSAL

Before: Judge Maurer

The Complainant, Secretary of Labor, with the consent of the individual Complainant, Ronald G. Nelson, requests in effect to withdraw his complaint of discrimination in the captioned case on the grounds that the parties have reached a mutually agreeable settlement. Under the circumstances herein, permission to withdraw is granted. 29 C.F.R. 2700.11. The case is therefore dismissed.

Roy J. Maurer
Administrative Law Judge

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