Ezel / Agency Decisions / WEVA 91-1993-D

Consolidation Coal Company (ALJ decision, October 16, 1991)

Consolidation Coal Company (FMSHRC WEVA 91-1993-D): Discrimination complaint withdrawn and dismissed

Decision type
ALJ decision
Docket
WEVA 91-1993-D
Decided
October 16, 1991
Presiding judge
Paul Merlin
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-15
Cited standards
30 U.S.C. § 815(c)
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 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.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

Plain-English summary

J. Mike Plevich filed a Mine Act discrimination complaint against Consolidation Coal Company. He later withdrew the complaint after receiving favorable results through a grievance procedure. Judge Paul Merlin granted the withdrawal request and dismissed the case. No civil penalty was assessed.

Decision snapshot

  • Cited standard(s): 30 U.S.C. § 815(c)
  • Outcome: The discrimination complaint was withdrawn and dismissed.
  • Key point: A complainant may withdraw a Mine Act discrimination complaint before adjudication, and the judge may dismiss the proceeding on that basis.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1730 K SlREET NW, 6TH FLOOR
WASHINGTON, D.C. 2ODO6

October 16, 1991
J. MIKE PLEVICH,
: DISCRIMINATION PROCEEDING
Complainant
:
: Docket No. WEVA 91-1993-D
: MORG CD 91-03
v. ..
: Humphrey No. 7 Mine
CONSOLIDATION COAL COMPANY, :
Respondent :

ORDER OF DISMISSAL
,
Before: Judge Merlin
On August 14, 1991, the Complainant filed with the Commis- . sion a discrimination complaint pursuant to section 105(c) of the Mine Act. 30 U.S.C. 5 815(c). On August 19, 1991, the Commis- sion sent a letter to the Complainant requesting him to send additional information in order to process his complaint. On October 2, 1991, the Complaint filed a letter stating that he was withdrawing his complaint because he had received favorable results through a grievance procedure.
In light of the foregoing, the Complainant's request to withdraw his complaint is GRANTED.
It is ORDERED thar this case be and is hereby DISMISSED.

qiir&W Paul Merlin
Chief Administrative Law Judge
Distiibution:
Mr. J. Mike Plevich, Chairman Safety Committee, Local 1058, District 31, UMWA, 444 Western Avenue, Morgantown, WV 26505 (Certified Mail) Mr. John Higgins, Consolidation Coal Company, P. 0. Box 100, Osage, WV 26505 (Certified Mail)

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