Ezel / Agency Decisions / weva-95-195-d-alj
FMSHRC ALJ decision Docket WEVA 95-195-D Decided October 3, 1995 Procedural Judge Gary Melick

Elk Run Coal Company

Elk Run Coal Company (FMSHRC WEVA 95-195-D): Discrimination case dismissed after complainant declined to proceed

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This order from 1995 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 1995
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

Blaine A. Kelley filed a discrimination proceeding against Elk Run Coal Company. Kelley later wrote that he had decided to drop the case, but the reason was unclear. Judge Gary Melick issued a show-cause order giving Kelley a final opportunity to proceed, and Kelley did not respond. The judge dismissed the case.

Decision snapshot

  • Cited standards: None
  • Outcome: The discrimination proceeding was dismissed after the complainant failed to respond to a show-cause order.
  • Key point: A case may be dismissed when the complainant indicates an intent to abandon it and does not respond to a final opportunity to proceed.

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

                                  October 3, 1995

BLAINE A. KELLEY, : DISCRIMINATION PROCEEDING
Complainant :
v. : Docket No. WEVA 95-195-D
: HOPE CD 95-05
ELK RUN COAL COMPANY, :
Respondent : Queen Mine

                                ORDER OF DISMISSAL

 On September 13, 1995, Complainant Blaine A. Kelley

indicated by letter that he had "decided to drop the case" for
reasons that were unclear. In order to verify Mr. Kelley's
decision, a show cause order was thereafter issued giving him a
final opportunity to proceed with this case. No response to that
order has been received. Accordingly this case is dismissed.

                                          Gary Melick
                                          Administrative Law Judge
                                          703-756-6261

Distribution:

Blaine A. Kelley, 4166 Clear Fork Road, Clear Creek, WV 25044
(Certified Mail)

Mark A. Toor, Esq., A. T. Massey Coal Company, Inc., P.O. Box 26765, Richmond, VA
23261 (Certified Mail)

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