Ezel / Agency Decisions / WEVA 89-65-C

Consolidation Coal Company (ALJ decision, April 21, 1989)

Consolidation Coal Company (FMSHRC WEVA 89-65-C): Compensation complaint dismissed on withdrawal

Decision type
ALJ decision
Docket
WEVA 89-65-C
Decided
April 21, 1989
Presiding judge
William Fauver
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-17
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 an 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 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

Local Union 9909, District 31, United Mine Workers of America, filed a compensation proceeding against Consolidation Coal Company concerning the Loveridge No. 22 Mine. The union requested permission to withdraw its complaint. Judge William Fauver granted the request and dismissed the case. The order does not decide the underlying compensation issue or award a penalty.

Decision snapshot

  • Cited standards: None stated in the release
  • Outcome: The compensation proceeding was dismissed after the complainant requested withdrawal.
  • Key point: This order resolved the case procedurally and did not reach the underlying compensation claim.

Full text (FMSHRC public release)

CCASE:
LOCAL UNION 9909, DIST. 31 (U.M.W.A.) V. CONSOLIDATION COAL
DDATE:
19890421
TTEXT:

Page 2

~659
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

LOCAL UNION 9909, DISTRICT 31
COMPENSATION PROCEEDING
UNITED MINE WORKERS OF
AMERICA,
Docket No. WEVA 89-65-C
COMPLAINANTS
Loveridge No. 22 Mine v.

CONSOLIDATION COAL COMPANY,
RESPONDENT

ORDER OF DISMISSAL

Before: Judge Fauver

Pursuant to Complainant's request to withdraw its complaint in the above case, motioned by the United Mine Workers of America for the above case is DISMISSED.

William Fauver
Administrative Law Judge

What applies to your situation today?

This order bound one employer. Ezel checks the current MSHA standards and Commission precedent against your facts, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace