Ezel / Agency Decisions / WEVA 90-315-D

Consolidation Coal Company (ALJ decision, August 27, 1991)

Michael E. Holland v. Consolidation Coal Company (FMSHRC WEVA 90-315-D): Discrimination complaint dismissed with prejudice

Decision type
ALJ decision
Docket
WEVA 90-315-D
Decided
August 27, 1991
Presiding judge
Avram Weisberger
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-16
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1991 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 1991
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 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

Michael E. Holland asked to withdraw his discrimination complaint against Consolidation Coal Company. Judge Avram Weisberger granted the motion and dismissed the case and related claims with prejudice. The order specifically included claims concerning Part 90 status, required metatarsal boots, and a claimed protected work refusal involving those boots.

Decision snapshot

  • Cited standards: None stated in this order.
  • Outcome: The discrimination proceeding and related claims were dismissed with prejudice.
  • Key point: The ALJ granted the complainant's withdrawal request and ended the claims listed in the order.

Full text (FMSHRC public release)

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges
2 Skyline, 10th Floor
5203 Leesburg Pike
Falls Church, Virginia 22041

MICHAEL E. HOLLAND,
DISCRIMINATION PROCEEDING
COMPLAINANT
v. Docket No. WEVA 90-315-D
MSHA Case No. HOPE CD 90-17
CONSOLIDATION COAL COMPANY,
RESPONDENT
Amonate No. 31 Mine

DECISION

Appearances: H. John Taylor, Esq., Rand, West Virginia for Complainant;
Laura E. Beverage, Esq., Jackson and Kelly, Beckley, West Virginia for Respondent.

On August 13, 1991, Complainant moved to withdraw his pleadings in this case, and to withdraw his claims against Respondent. Based on the assertions of counsel which were presented orally on the record on August 13, 1991, Complainant's Motion is allowed.

It is ORDERED that this case to be DISMISSED with prejudice.

It is further ORDERED that the Complainant's claims against the Respondent, as articulated in his complaint, his five-page statement to the investigator and his responses to discovery, are hereby DISMISSED with prejudice to the Complainant. This Order specifically includes any claim by the Complainant that the Respondent has discriminated against him on the basis of his Part 90 status, that the Respondent has discriminated against him by requiring him to wear metatarsal boots, and that the Complainant has engaged in a protected work refusal by refusing to wear metatarsal boots.

Avram Weisberger
Administrative Law Judge

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