Ezel / Agency Decisions / YORK 82-23-D

Secretary of Labor, on behalf of William E. Fitzwater III v. Mettiki Coal Corporation (ALJ decision, March 7, 1983)

Secretary of Labor, on behalf of William E. Fitzwater III v. Mettiki Coal Corporation (FMSHRC YORK 82-23-D): Case name in earlier decision corrected

Decision type
ALJ decision
Docket
YORK 82-23-D
Decided
March 7, 1983
Presiding judge
Charles C. Moore, Jr.
Outcome
Procedural
Precedential status
Interlocutory order, not final
Checked against source
2026-10-21
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1983 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 1983
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.
Interim ALJ correction, not Commission precedent
This notice corrects a name in the February 17 ALJ decision. That decision expressly left relief for a later final order, so the correction did not resolve the case under the 40-day rule in 30 U.S.C. § 823(d)(1). 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

In the discrimination case brought on William Fitzwater's behalf against Mettiki Coal Corporation, Judge Charles C. Moore, Jr. issued a correction to his February 17 decision. The correction replaces “Michel” with “Michael Dunmire” in the case citation on page 6, line 12. This notice makes no new ruling on the complaint or the requested relief. The earlier decision expressly left the relief order for a later stage.

Decision snapshot

  • Cited standard: None in this correction notice.
  • Outcome: Name in a citation in the February 17 decision corrected; no new relief ordered.
  • Key point: The correction concerns a cited case name, not the underlying discrimination ruling.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. METTIKI COAL
DDATE:
19830307
TTEXT:
~407

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
Complaint of Discrimination
ON BEHALF OF
and Application for Temporary
WILLIAM E. FITZWATER, III,
Reinstatement
APPLICANT
Docket No: YORK 82-23-D
v. MORG CD 82-23

METTIKI COAL CORPORATION,
Mettiki General Mine
RESPONDENT

CORRECTION NOTICE

The case cited on page 6, line 12, of the decision issued herein on February 17, 1983, is corrected to substitute the words "Michael Dunmire" for the word "Michel."

Charles C. Moore, Jr.,
Administrative Law Judge

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