Ezel / Agency Decisions / weva-92-179-d-alj
FMSHRC ALJ decision Docket WEVA 92-179-D Decided March 6, 1992 Procedural Judge Avram Weisberger Transcribed from scan

P-F Mining, Incorporated, Et al

P-F Mining, Incorporated, Et al (FMSHRC WEVA 92-179-D): Discrimination proceeding dismissed

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This order from 1992 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 1992
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.
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

The Secretary of Labor filed a discrimination proceeding on behalf of Peter D. Sprouse against P-F Mining, Incorporated and other respondents. The complainant filed a notice withdrawing the complaint. Judge Avram Weisberger granted the Secretary's motion to withdraw and dismissed the case.

Decision snapshot

  • Cited standards: None stated in the decision.
  • Outcome: The discrimination proceeding was dismissed after the complaint was withdrawn.
  • Key point: The judge granted the Secretary's motion to withdraw the complaint and dismissed the case.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. P-F MINING, INC.,
DDATE:
19920306
TTEXT:

Page 2

~430
Federal Mine Safety and Health Review Commission
Office of Administrative Law Judges
2 Skyline, 10th Floor
5203 Leesburg Pike
Falls Church, Virginia 22041

SECRETARY OF LABOR, DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA) Docket No. WEVA 92-179-D
ON BEHALF OF HOPE CD 91-16
PETER D. SPROUSE,
COMPLAINANT Mine No. 4
v.
P-F MINING, INCORPORATED, ET AL,
RESPONDENTS

                            ORDER OF DISMISSAL

Before: Judge Weisberger

 The Secretary's Motion to Withdraw is granted based on the

Notice of Withdrawal of Complaint filed by Complainant.

   It is Ordered that this case be DISMISSED.

                                  Avram Weisberger
                                  Administrative Law Judge

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