Ezel / Agency Decisions / weva-93-343-d-alj
FMSHRC ALJ decision Docket WEVA 93-343-D Decided October 17, 1994 Procedural Judge Gary Melick

Link M. Smith, Jim Altizer and Gary Ritchie v. Consolidation Coal Company

Smith, Altizer and Ritchie v. Consolidation Coal Company (FMSHRC WEVA 93-343-D): Discrimination case dismissed

Apply this to your situation

This order from 1994 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 1994
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 Commission precedent. 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

The Secretary asked to withdraw the discrimination complaint brought on behalf of Link M. Smith, Jim Altizer, and Gary Ritchie against Consolidation Coal Company. The request relied on the Commission's decision in Swift et al. v. Consolidation Coal Co. The administrative law judge granted permission to withdraw under 29 C.F.R. § 2700.11 and dismissed the case.

Decision snapshot

  • Cited standard(s): 29 C.F.R. § 2700.11
  • Outcome: The Secretary's withdrawal request was granted and the discrimination case was dismissed.
  • Key point: The judge dismissed the case after allowing the Secretary to withdraw the complaint.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) & L.M. SMITH & J. ALTIZER & G. RITCHIE
V. CONSOLIDATION COAL CO.
DDATE:
19941017
TTEXT:

Page 2

~2119

      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 93-343-D
ON BEHALF OF LINK M. SMITH, : MSHA Case No. HOPE CD 92-08
JIM ALTIZER AND GARY RITCHIE, :
Complainants :
v. : Amonate No. 31 Mine and Prep
:
CONSOLIDATION COAL COMPANY, :
Respondent :

                       ORDER OF DISMISSAL

Before: Judge Melick

 The Secretary requests approval to withdraw his Complaint

in the captioned case in reliance upon the Commission's decision
in Swift et al v. Consolidation Coal Co., 16 FMSHRC 201 (1994).
Under the circumstances herein, permission to withdraw is
granted. 29 C.F.R. 2700.11. This case is therefore DISMISSED.

                              Gary Melick
                              Administrative Law Judge

Distribution:

Douglas N. White, Counsel, Trial Litigation, Office of
the Solicitor, U.S. Department of Labor, 4015 Wilson Blvd.,
Suite 400, Arlington, VA 22203 (Certified Mail)

Laura E. Beverage, Esq., Jackson and Kelly, 1600 Laidley
Tower, P.O. Box 553, Charleston, WV 25322 (Certified Mail)

Laura Mason Eddy, Regional Counsel, Consolidation Coal
Company, 1800 Washington Road, Consol Plaza, Pittsburgh,
PA 15241-1421 (Certified Mail)

Warren R. McGraw, II, General Counsel, District 29, UMWA,
Chilson Avenue at Raleigh Road, P.O. Box 511, Beckley,
WV 25802-0511 (Certified Mail)

/lh

Get today's answer for your situation

You just read what one judge decided for one employer in 1994, and it binds only those parties. Ezel checks the current MSHA standards and Commission precedent and answers your specific situation, with citations.

Opens in Ezel Pro. Every answer cites the authority it relies on.