Ezel / Agency Decisions / weva-88-350-d-alj
FMSHRC ALJ decision Docket WEVA 88-350-D Decided February 2, 1989 Procedural Judge Avram Weisberger

Consolidation Coal Company

Consolidation Coal Company (FMSHRC WEVA 88-350-D): Discrimination proceeding dismissed after withdrawal

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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 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 binding on the Commission in other cases. 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

Charles F. Rose withdrew his discrimination complaint against Consolidation Coal Company concerning activities at the Pursglove No. 15 Mine. His counsel filed notice of the withdrawal, followed by a signed statement from Rose confirming that he wished to terminate the proceeding. Judge Avram Weisberger dismissed the case. The order contains no ruling on the underlying discrimination allegations.

Decision snapshot

  • Cited standard(s): None stated in the order.
  • Outcome: The discrimination proceeding was dismissed after the complainant withdrew his complaint.
  • Key point: The ALJ dismissed the proceeding at the complainant's request without deciding the merits.

Full text (FMSHRC public release)

CCASE:
CHARLES ROSE V. CONSOLIDATION COAL
DDATE:
19890202
TTEXT:

Page 2

~197
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.)
Office of Administrative Law Judges

CHARLES F. ROSE, DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. WEVA 88-350-D
v.
Pursglove No. 15 Mine
CONSOLIDATION COAL COMPANY,
RESPONDENT

                   ORDER OF DISMISSAL

Before: Judge Weisberger

 On January 19, 1989, Counsel for Complainant filed a

statement indicating Complainant "Wishes to Withdraw his
Complaint and terminate this proceeding." On January 23, 1989, a
copy of a signed statement from the Complainant was filed. In
this statement Complainant has indicated as follows: "I wish to
withdraw the discrimination proceeding filed by me at Docket No.
WEVA 88-350-D relating to activities at Consolidation Coal
Company's Pursglove No. 15 Mine."

 Accordingly, is is ORDERED that the above proceeding be

DISMISSED.

                                Avram Weisberger
                                Administrative Law Judge
                                (703) 756-6210

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