Federal Agency Decisions
Workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), and environmental appeals from the EPA's Environmental Appeals Board, each with a plain-English summary, the standards it cites, and whether it counts as precedent. More agencies are coming.
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Darmac Associates Corp.
Discrimination complaint dismissed after settlement
Kenneth J. Pedersen filed a discrimination complaint against Darmac Associates Corp. The company moved to dismiss, stating that the claims had been resolved through a settlement in a related National Labor Relations Board proceeding and that Pedersen consented to dismissal. Pedersen then filed a…
Charolais Corporation, E. R. Mining, Inc., D.B.A. as E. R. Trucking Co.
Party dismissed from discrimination case
Charles H. Sisk asked to amend his discrimination complaint by removing Charolais Corporation as a party respondent. No party objected to the request. Judge Gary Melick granted permission to amend the complaint under 29 C.F.R. § 2700.11 and dismissed Charolais Corporation from the case. The release…
Beckley Lick Run Company
Compensation complaint dismissed after payment
Local Union 2387, District 29, United Mine Workers of America filed a compensation proceeding against Beckley Lick Run Company concerning the Bonny Mine. The complainant asked to withdraw the complaint because the individual complainants had been paid the requested compensation. Judge Gary Melick…
Karl's Drilling Co., Inc.
Settlement withdrawal granted and discrimination case dismissed
The Secretary of Labor, on behalf of John P. Grinder, asked to withdraw the discrimination complaint against Karl's Drilling after the parties reached a mutually agreeable settlement. Grinder consented to the withdrawal. Judge Roy J. Maurer granted permission to withdraw the complaint under 29…
Freeman United Coal Mining Company
Discrimination complaint dismissed with prejudice
Gladys B. Johnson asked to withdraw her discrimination complaint against Freeman United Coal Mining Company because financial and other problems prevented her from pursuing it. Judge Gary Melick found that she understood the consequences of withdrawal and dismissal. He granted permission to…
U.S. Steel Mining Co., Inc.
Compensation proceeding dismissed after settlement withdrawal
Local Union 1248 of the United Mine Workers of America asked to withdraw its compensation complaint against U.S. Steel Mining Co., Inc., based on a settlement. The proceeding concerned the Maple Creek Mine. Judge Gary Melick granted permission to withdraw the complaint under 29 C.F.R. § 2700.11 and…
American Standard Coal Sales, Inc., H. Cameron Coal Co., Inc., Scarab Energy Corp., and Winston Meredith
American Standard Coal Sales, Inc. and related respondents (FMSHRC SE 86-98-D and SE 86-99-D): Discrimination proceedings dismissed after settlement withdrawal
Charles McGhee and Jackie Lowe asked to withdraw their discrimination complaints against American Standard Coal Sales, H. Cameron Coal, Scarab Energy, and Winston Meredith after reaching a mutually agreeable settlement. Judge Roy J. Maurer granted permission to withdraw under 29 C.F.R. § 2700.11…
Westmoreland Coal Company
Stay lifted and contest dismissed after withdrawal
Westmoreland Coal Company asked to withdraw its contest of a mine-safety order based on an agreement with the Secretary of Labor. The United Mine Workers of America, the intervenor, did not object. Judge Gary Melick granted permission to withdraw under 29 C.F.R. § 2700.11, lifted the existing stay…
Peabody Coal Company
Citation modified through settlement and contest dismissed
Peabody Coal Company contested the significant and substantial and unwarrantable-failure allegations in Citation No. 2830921 at the Black Mesa Mine. The parties agreed to remove the unwarrantable-failure designation, remove the significant-and-substantial designation, reduce the charged negligence…
GEX Hardy, Inc.
Discrimination complaint withdrawn and dismissed
William C. Fankhauser asked to withdraw his discrimination complaint against GEX Hardy, Inc. after consulting an attorney and stating that there had been no incidents involving safety or health violations. Judge Gary Melick granted permission to withdraw the complaint, dismissed the case, and…
Valley Camp Coal Company (Donaldson Mining Company)
Valley Camp Coal Company (FMSHRC WEVA 87-79-D): Discrimination complaint dismissed after settlement
The Secretary of Labor, on behalf of Ronald G. Nelson, sought to withdraw a discrimination complaint against Valley Camp Coal Company, identified in the decision as Donaldson Mining Company. The request stated that the parties had reached a mutually agreeable settlement, and Nelson consented to the…
S & M Coal Co., Inc., Jewell Smokeless Coal Corporation, Prestige Coal Company, Inc., Tolbert P. Mullins, and Shirley A. Mullins
S & M Coal Co., Inc., et al. (FMSHRC VA 86-34-D): Discrimination finding after refusal to bridge electrical safeguards
Bobby Keene, an electrician, refused repeated requests to bypass electrical safety features by “bridging” equipment at S&M Coal. After Keene refused to bridge a miner cable and left the mine, the judge found that he had a good-faith and reasonable belief that the practice could cause electrical…
Tri-Son Mining, Inc.
Discrimination complaint dismissed after settlement
The case was a discrimination proceeding involving Tri-Son Mining, Inc. The complainant asked to withdraw the complaint after the parties reached a mutually agreeable settlement. Judge Gary Melick approved the withdrawal under 29 C.F.R. § 2700.11 and dismissed the case.
Gilbert Industrial
Discrimination complaint dismissed after settlement
Dan L. Thompson asked to withdraw his discrimination complaint against Gilbert Industrial after the parties reached a settlement. Judge Gary Melick granted permission to withdraw the complaint and dismissed the case. The specific settlement terms were sealed and could be reviewed only by order of…
Eastern Associated Coal Corporation
Discrimination complaint withdrawn and dismissed
The Secretary, with the individual complainant's consent, asked to withdraw a Mine Act discrimination complaint against Eastern Associated Coal Corporation. Judge Gary Melick granted permission to withdraw the complaint under 29 C.F.R. § 2700.11. The case was dismissed.
Terco, Inc., Randal Lawson, Terry McCreary, and Matthew Logan
Terco, Inc. and others (FMSHRC KENT 86-131-D): Settlement-based dismissal approved
The Secretary of Labor brought discrimination proceedings involving Robert B. Corbin and James Corbin against Terco, Inc., Randal Lawson, Terry McCreary, and Matthew Logan. With the individual complainants' consent, the Secretary asked to withdraw both complaints because the parties had reached a…
What these documents are
- The agencies: Workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), and environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB). Each decision page names its agency.
- Commission and Board decisions: Rulings by the agency's highest review level (the Commission at OSHRC and FMSHRC, the Environmental Appeals Board at EPA). These are citable as precedent, though a decision may have been appealed to a U.S. Court of Appeals after issuance.
- ALJ decisions: Rulings by the agency's Administrative Law Judges after a hearing. When no Commissioner directs review, an ALJ decision becomes a final order that binds the parties in that case but is not binding precedent: under 29 U.S.C. § 661(j) at OSHRC, and after the 40-day window of 30 U.S.C. § 823(d)(1) at FMSHRC.
- Why finality matters: Every page here says which kind of decision you are reading, so you know whether it is precedent you can cite or a final order that only shows how one judge ruled on one set of facts.
- Where they come from: Every page links the official public release from the deciding agency, and the full text on the page is that release. The plain-English summaries are written by Ezel.