Ezel / Agency Decisions / YORK 84-11-R

Mettiki Coal Company v. Secretary of Labor (ALJ decision, January 18, 1985)

Mettiki Coal Company v. Secretary of Labor (FMSHRC YORK 84-11-R): Withdrawal order reduced to citation and contest dismissed

Decision type
ALJ decision
Docket
YORK 84-11-R
Decided
January 18, 1985
Presiding judge
Gary Melick
Outcome
Modified
Precedential status
Final order, not precedent
Checked against source
2026-10-20
Cited standards
29 C.F.R. § 2700.11
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1985 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 1985
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 for this docket. 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

Mettiki Coal Company contested an MSHA withdrawal order concerning its C-Mine. After two hearings, the Secretary asked Judge Gary Melick to change the section 104(d)(2) withdrawal order to a section 104(a) citation. The judge granted that request for reasons stated on the hearing record, which this written order does not repeat. Mettiki then asked to withdraw its contest. The judge allowed the withdrawal and dismissed the case. This document does not assess a penalty or identify the underlying safety standard.

Decision snapshot

  • Cited provision: 29 C.F.R. § 2700.11, withdrawal of a contest; the order does not identify the underlying safety standard.
  • Outcome: Withdrawal order modified to a citation; contest withdrawn and case dismissed.
  • Key point: After the enforcement action was reduced, the company withdrew its contest and the judge closed the case.

Full text (FMSHRC public release)

CCASE:
METTIKI COAL V. SOL (MSHA)
DDATE:
19850118
TTEXT:
~144
Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

METTIKI COAL COMPANY,
CONTEST PROCEEDING
CONTESTANT
v. Docket No. YORK 84-11-R
SECRETARY OF LABOR,
Order No. 2413197; 5/22/84
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
C-Mine
RESPONDENT

Appearances: Adrienne J. Davis, Esq., Crowell & Moring, Washington, D.C., for Contestant;
Covette Rooney, Esq., Office of the Solicitor, U.S. Department of Labor, Philadelphia, Pennsylvania, for Respondent.

ORDER OF DISMISSAL

Before: Judge Melick

Following hearings held on October 31, 1984 and January 3, 1985, the Respondent moved to modify the section 104(d)(2) order at bar to a section 104(a) citation. The motion was granted for reasons stated on the record and thereafter the Mettiki Coal Company requested approval to withdraw its Contest in the captioned case. Under the circumstances herein, permission to withdraw is granted. 29 C.F.R. 2700.11. The case is therefore dismissed.

Gary Melick
Assistant Chief Administrative Law Judge

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