Ezel / Agency Decisions / WEVA 88-305-D

Southern Ohio Coal Company (ALJ decision, January 23, 1989)

Southern Ohio Coal Company (FMSHRC WEVA 88-305-D): Discrimination complaint withdrawn and dismissed

Decision type
ALJ decision
Docket
WEVA 88-305-D
Decided
January 23, 1989
Presiding judge
Roy J. Maurer
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-17
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 1989 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 1989
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 order, not Commission precedent
This decision by a FMSHRC Administrative Law Judge became the final decision of the Commission 40 days after issuance because the Commission did not direct review (30 U.S.C. § 823(d)(1)). It binds the parties but is not binding on the Commission in other cases. The judge permitted the complainant to withdraw the complaint, and the case was dismissed.
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

Phyllis A. Palmieri did not appear for a scheduled hearing in her discrimination proceeding against Southern Ohio Coal Company. The judge issued an order to show cause after her absence. Palmieri then asked for permission to withdraw the complaint. The judge granted the request under 29 C.F.R. § 2700.11 and dismissed the case.

Decision snapshot

  • Governing provision: 29 C.F.R. § 2700.11
  • Outcome: The complainant was permitted to withdraw the discrimination complaint, and the proceeding was dismissed.
  • Key point: An ALJ may permit withdrawal of a complaint after a missed hearing and an order to show cause.

Full text (FMSHRC public release)

CCASE:
PHYLLIS PALMIERI V. SOUTHERN OHIO COAL
DDATE:
19890123
TTEXT:

Page 2

~101
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

PHYLLIS A. PALMIERI,
DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. WEVA 88-305-D
v. MSHA Case No. MORG CD-88-10

SOUTHERN OHIO COAL COMPANY,
RESPONDENT

ORDER OF DISMISSAL
Before: Judge Maurer

By notice issued October 18, 1988, a hearing in the above-captioned proceeding was scheduled to commence on December 21, 1988, at 1:00 p.m., in Morgantown, West Virginia. The complainant, however, failed to appear at the scheduled time and place.

Accordingly, on December 29, 1988, an Order to Show Cause was issued directing the complainant to explain within ten (10) days why she should not be held in default for her failure to appear at the scheduled hearing.

On January 11, 1989, a letter was received from the complainant requesting approval to withdraw her complaint in the captioned case. Under the circumstances herein, permission to withdraw is granted. 29 C.F.R. 2700.11. This case is therefore dismissed.

Roy J. Maurer
Administrative Law Judge

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