Ezel / Agency Decisions / WEVA 91-1772-D

Consolidation Coal Company (ALJ decision, August 30, 1991)

Ronald Lee Shriver v. Consolidation Coal Company (FMSHRC WEVA 91-1772-D): Discrimination complaint dismissed with prejudice

Decision type
ALJ decision
Docket
WEVA 91-1772-D
Decided
August 30, 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 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 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

Ronald Lee Shriver asked to withdraw his discrimination complaint against Consolidation Coal Company. Judge Avram Weisberger granted the motion and dismissed the case with prejudice. The order does not identify a mine safety standard or assess a civil penalty.

Decision snapshot

  • Cited standards: None stated in this order.
  • Outcome: The discrimination proceeding was dismissed with prejudice.
  • Key point: The ALJ granted the complainant's motion to withdraw and ended the case.

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

RONALD LEE SHRIVER,
DISCRIMINATION PROCEEDING
COMPLAINANT
v. Docket No. WEVA 91-1772-D
MORG CD 91-02
CONSOLIDATION COAL COMPANY,
RESPONDENT
Osage No. 3 Mine

ORDER OF DISMISSAL
Before: Judge Weisberger

Complainant's Motion to Withdraw Complaint and to Dismiss is granted.

It is ORDERED that this case be DISMISSED with prejudice.

Avram Weisberger
Administrative Law Judge

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