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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Secretary of Labor v. Performance Coal Company and former Massey mines
Contests withdrawn and $19.86 million ordered paid
The order addresses 48 Upper Big Branch penalty dockets and more than one thousand dockets involving other former Massey mines. The April 5, 2010 Upper Big Branch explosion killed 29 miners, and Performance Coal accepted the related contributory citations and their penalties outside the Commission…
Secretary of Labor on behalf of Thurman Wayne Pruitt v. Grand Eagle Mining, Inc.
Reinstatement and discrimination cases dismissed
The Secretary asked to withdraw temporary-reinstatement and discrimination complaints involving miner Thurman Wayne Pruitt and Grand Eagle Mining. Pruitt agreed to the withdrawal based on a mutually agreeable settlement. Judge Gary Melick permitted the withdrawal under 29 C.F.R. § 2700.11 and…
H.B. Mellott Estate, Inc.
Reopening motion withdrawn and proceeding dismissed
H.B. Mellott Estate asked the Commission to reopen a penalty assessment that it understood had become a final Commission order. The company later withdrew that motion after MSHA told it the assessment matter was still open, and it filed a contest of the penalty. The Commission granted the…
Spartan Mining Company
Contest proceedings dismissed after withdrawal
Spartan Mining asked to withdraw its notices of contest after learning that the prior mine owner, Cannelton Industries, had paid the civil penalty before selling the mine. The Secretary did not object. Judge T. Todd Hodgdon granted leave to withdraw under Commission Rule 11 and dismissed both…
Speed Mining, Inc.
Review petition withdrawn
Speed Mining had asked the Commission to review an ALJ determination involving alleged violations of a modification issued by MSHA. While the Commission held the decision in abeyance so the parties could discuss settlement, Speed Mining moved to withdraw its review petition. The Commission granted…
Independence Coal Co., Inc.
Roof-fall citations modified after fatality investigation
Independence Coal operated the Cedar Grove underground coal mine, where a roof brow fell on a continuous miner operator during production and the operator later died. Judge T. Todd Hodgdon found that the mine violated roof-support and roof-control-plan requirements, but found that the Secretary did…
Independence Coal Co., Inc.
Roof-fall citations modified after fatality investigation
Independence Coal operated the Cedar Grove underground coal mine, where a roof brow fell on a continuous miner operator during production and the operator later died. Judge T. Todd Hodgdon found that the mine violated roof-support and roof-control-plan requirements, but found that the Secretary did…
Beco Construction Company
Two requests denied and four penalty assessments remanded
Beco Construction asked to reopen several penalty assessments that had become final after the company missed the filing deadline. The Commission granted Beco's request to withdraw its request concerning WEST 2004-153-M because the assessment had been paid. It denied reopening for WEST 2004-149-M…
United Steel Workers of America, Local 4880
Discrimination case dismissed after settlement
The Secretary brought a discrimination complaint on behalf of Lee Garrett against Alcoa World Alumina, LLC, with United Steel Workers of America, Local 4880, participating as an intervenor. The parties reported an amicable settlement, Garrett sought to withdraw his complaint, and the Secretary…
Reintjes of the South, Inc.
Appeal dismissed after petition withdrawal
Reintjes of the South, Inc. challenged an ALJ's dismissal of its contest of Citation No. 7867335. After a $100 civil penalty was proposed, Reintjes agreed to pay it in full without changing the citation and moved to withdraw its petition for discretionary review. The Commission granted the motion…
Consol of Kentucky, Inc.
Settled proceedings dismissed
Consol of Kentucky and Norman Blankenship faced a temporary-reinstatement proceeding and a related discrimination proceeding involving Dewey Runyon. After the parties reached a settlement, the Secretary requested permission to withdraw both the application and complaint. Judge Gary Melick approved…
Dynasty Resources, Inc.
Temporary reinstatement proceeding dismissed
The Secretary of Labor sought temporary reinstatement for Jimmy D. Carnes in a proceeding involving Dynasty Resources' No. 3 Mine. The Secretary moved to withdraw the application because Carnes had obtained other employment. Judge Gary Melick approved the withdrawal and dismissed the proceeding…
Amax Coal West, Inc.
Discrimination complaint withdrawn and dismissed
Orville E. Moore asked to withdraw his Mine Act discrimination complaint against Amax Coal West because he had a parallel case pending with the Equal Employment Opportunity Commission and intended to pursue his remedies there. Judge Roy J. Maurer granted permission to withdraw the complaint at the…
Vulcan Materials Co.
Contest withdrawn and case dismissed
Vulcan Materials contested a citation issued at the Rockingham Quarry. At hearing, Vulcan requested permission to withdraw its contest. Judge Gary Melick granted the request under 29 C.F.R. § 2700.11 and dismissed the case.
Phelps Dodge Morenci, Inc.
Motion for relief withdrawn
Phelps Dodge Morenci asked to withdraw its motion seeking relief from a final penalty order. The company explained that MSHA had rescinded the proposed penalty assessment that prompted the motion. The Commission granted the withdrawal under Commission Procedural Rule 11.
U.S. Steel Mining Company
Discrimination complaint dismissed after resolution
Terry McGill filed a Mine Act discrimination complaint against U.S. Steel Mining Company concerning the Oak Grove Mine. The parties resolved their differences, and McGill requested permission to withdraw the complaint. Judge T. Todd Hodgdon granted the request under Commission Rule 11 and dismissed…
Vulcan Materials Company
Temporary reinstatement proceeding dismissed after settlement
The Secretary sought temporary reinstatement for Harold J. Wilson in a discrimination proceeding against Vulcan Materials Company, Midwest Division. Wilson accepted an agreement providing an economic settlement, and the Secretary asked to withdraw the application for temporary reinstatement. Judge…
Adena Fuels, Incorporated
Discrimination case dismissed after settlement
Larry E. Hatton brought a discrimination proceeding against Adena Fuels concerning the Diamond No. 1 Mine. After the hearing began and was postponed, Hatton requested permission to withdraw because the parties had reached an agreeable settlement. Judge Gary Melick granted permission to withdraw…
Freeman United Coal Mining Co.
Discrimination complaint withdrawn and dismissed
Derald Wilson brought a discrimination complaint against Freeman United Coal Mining Co. At the hearing, Wilson requested permission to withdraw the complaint after documentary evidence showed that the alleged retaliatory event occurred before the protected activity he identified. 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
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…
Clinchfield Coal Company
Complaint withdrawn and case dismissed
The Secretary of Labor asked to withdraw a discrimination complaint brought on behalf of Ronald Rose against Clinchfield Coal Company. The Secretary relied on the Commission's decision in Swift et al v. Consolidation Coal Co., 16 FMSHRC 201 (1994). Judge Gary Melick granted permission to withdraw…
Bradys Bend Corporation
Discrimination complaint withdrawn and case dismissed
Kenneth E. Vogt Sr. asked to withdraw his discrimination complaint against Bradys Bend Corporation. The complaint concerned work at Kaylor Mine No. 3. Judge Gary Melick granted permission to withdraw the complaint under 29 C.F.R. § 2700.11. The case was dismissed and the hearing scheduled for…
Lloyd A. Partin v. Amax Coal Company
Discrimination proceeding dismissed with prejudice after withdrawal
Lloyd A. Partin’s counsel reported that the parties had reached a settlement and requested withdrawal of Partin’s claims. Judge Michael A. Lasher, Jr. approved the voluntary withdrawal under Commission Procedural Rule 11. The discrimination proceeding was dismissed with prejudice.
Leeco Inc.
Discrimination complaint dismissed after withdrawal
Coy Crabtree filed a discrimination complaint against Leeco Inc. under the Mine Act. The Secretary moved to withdraw the complaint and stated that Crabtree also intended to withdraw his complaint with the Mine Safety and Health Administration. Judge Jerold Feldman granted permission to withdraw…
N.A. Degerstrom, Inc.
Discrimination case dismissed after settlement
Roger Vogt brought a discrimination proceeding against N.A. Degerstrom, Inc. and Zortman Mining, Inc. The parties reached an amicable settlement and jointly moved to dismiss the proceedings with prejudice. Judge John J. Morris found good cause and granted the motion, dismissing the case. The order…
New Hope Company of Kentucky, Inc., L & R Contractors, Inc. and Reece Lemar
Discrimination case settled and dismissed
The Secretary of Labor and miner Earl Shackleford asked the judge to approve a settlement of a discrimination complaint and related civil-penalty petition. New Hope Company of Kentucky, L & R Contractors, and Reece Lemar agreed to pay Shackleford $20,000 in 40 weekly installments of $500, while…
Wayne Kizziah and Roger Kizziah v. C & H Mining Company, Inc.
Settled discrimination complaint dismissed
Wayne Kizziah and Roger Kizziah asked to withdraw their discrimination complaint against C & H Mining Company after the parties reached a settlement. The miners approved the settlement, and the decision states that full payment had been made. Judge Gary Melick granted permission to withdraw under…
Mathies Coal Company
Settlement approved and proceeding dismissed
This compensation proceeding involved Mathies Coal Company and members of United Mine Workers of America Local Union 2244. The complainants asked to withdraw their complaint after receiving compensation under a settlement agreement. Judge Gary Melick approved the withdrawal under 29 C.F.R. §…
Island Creek Coal Company
Compensation proceeding dismissed after settlement
Roy Farmer, on behalf of other miners, asked to withdraw a compensation complaint against Island Creek Coal Company based on a settlement of the underlying dispute. Judge Gary Melick granted permission to withdraw the complaint under 29 C.F.R. § 2700.11. He dismissed the case.
Tunnelton Mining Company
Withdrawal granted and case dismissed
Elmer Speelman asked to withdraw a discrimination proceeding against Tunnelton Mining Company. Judge Gary Melick granted the request under Commission Rule 11, 29 C.F.R. § 2700.11, and dismissed the case. The short order does not decide the underlying discrimination allegations or assign a penalty.
Ayers Limestone Quarry
Discrimination complaint dismissed after settlement withdrawal
Homer D. Bennett brought a discrimination proceeding against Ayers Limestone Quarry. At the hearing, Bennett requested approval to withdraw the complaint based on a settlement. Judge Gary Melick dismissed the proceeding. The short scanned release has several unreadable passages, so the summary is…
Pyramid Mining, Incorporated
Citations vacated and modified, one proceeding stayed
Pyramid Mining faced several citations at its Hall No. 2 Mine. The Secretary agreed to withdraw three citations, and Judge Avram Weisberger dismissed them. The judge approved reductions for a combustible-material citation and a hoist safety-device citation, lowering the combined penalty for those…
U. S. Steel Mining Company, Incorporated
Local Union 2122 v. U. S. Steel Mining Company (FMSHRC SE 91-26-C): Settlement withdrawal granted and case dismissed
Local Union 2122 of the United Mine Workers of America filed a compensation proceeding against U. S. Steel Mining Company concerning the Oak Grove Mine. The union moved to withdraw the case based on a stipulation of settlement filed by the parties. Judge Avram Weisberger granted the motion and…
Richard Sierra v. Phelps Dodge Corporation
Discrimination complaint dismissed after withdrawal
Richard Sierra filed a discrimination complaint against Phelps Dodge Corporation in a proceeding involving the Tyrone Branch. On the day before the scheduled hearing, Sierra said he would withdraw the complaint unless he received more time to obtain an attorney. After the judge declined to grant…
Consolidation Coal Company
Discrimination complaint withdrawn and dismissed
Larry E. Swift asked to withdraw his discrimination complaint against Consolidation Coal Company. Judge Gary Melick granted permission to withdraw the complaint under 29 C.F.R. § 2700.11 and dismissed the case.
New Mexico Potash Corporation
Discrimination complaint withdrawn and case dismissed
Henry Galvan asked to withdraw his discrimination complaint against New Mexico Potash Corporation. Judge Gary Melick granted permission to withdraw the complaint under 29 C.F.R. § 2700.11 and dismissed the case. The order also cancelled hearings that had been scheduled to begin on January 21, 1992.
U.S. Steel Mining Company, Incorporated
Discrimination complaint withdrawn and dismissed
The United Mine Workers of America filed a discrimination proceeding on behalf of Dennis M. Blouir against U.S. Steel Mining Company, Incorporated. The complainant stated that he intended to withdraw the complaint. Judge Avram Weisberger dismissed the case under 29 C.F.R. § 2700.11. The order does…
Consolidation Coal Company
Citation withdrawn and vacated
The Secretary of Labor asked to withdraw the petition in a civil penalty proceeding against Consolidation Coal Company after further analysis indicated that the cited standard had not been violated. Judge Gary Melick granted permission to withdraw the petition under 29 C.F.R. § 2700.11. The…
Keith Sturgill v. South East Coal Company
Discrimination complaint dismissed after withdrawal
Keith Sturgill asked to withdraw his discrimination complaint against South East Coal Company. Judge Gary Melick granted permission to withdraw the complaint under 29 C.F.R. § 2700.11. The case was dismissed.
Consolidation Coal Company
Penalty petition dismissed
The Secretary of Labor asked to withdraw the civil penalty petition against Consolidation Coal Company because the evidence was insufficient to establish a violation. Judge Gary Melick granted permission to withdraw the petition under 29 C.F.R. § 2700.11 and dismissed the case. No civil penalty was…
Consolidation Coal Company
Discrimination proceeding dismissed on request
The complainants, represented by District No. 4 of the United Mine Workers of America, asked to withdraw their discrimination complaints on behalf of three miners. Judge Gary Melick approved the withdrawal request, lifted the previously issued stay, and dismissed the proceeding. The order cited 29…
Asarco, Incorporated
Discrimination complaint dismissed without prejudice
Francis A. Marin filed a discrimination complaint against Asarco, alleging that her termination involved seniority, sex, national origin, and refusal to perform work she believed was unsafe. She moved to withdraw the complaint while pursuing remedies under state and federal anti-discrimination…
Homestake Mining Company
Citation vacated and contest dismissed with prejudice
MSHA issued Homestake Mining a citation alleging that elevated walkways at its lead mine lacked required handrails and toeboards under 30 C.F.R. § 57.11002. MSHA later vacated the citation after recognizing conflicting agency views about how the standard applied and withdrew its answer. Judge…
United Mine Workers of America on behalf of Steven R. Maple, Thomas D. Hewlett, and Dale King v. Peabody Coal Company
United Mine Workers on behalf of Maple, Hewlett, and King v. Peabody Coal Company (FMSHRC LAKE 86-15-D and related dockets): Complaints dismissed after withdrawal
The United Mine Workers of America asked to withdraw its discrimination complaints filed on behalf of Steven R. Maple, Thomas D. Hewlett, and Dale King against Peabody Coal Company. Judge Gary Melick granted the request and dismissed all three proceedings.
Secretary of Labor on behalf of Leonard E. Edwards v. Rochester & Pittsburgh Coal Company
Discrimination complaint dismissed
Leonard E. Edwards filed a discrimination complaint against Rochester & Pittsburgh Coal Company, with the Secretary of Labor appearing on his behalf. Edwards consented to withdrawal of the complaint, and the Secretary requested permission to withdraw it. Judge Gary Melick approved the withdrawal…
Energy Fuels Coal, Inc.
$112 penalty settlement approved
Energy Fuels Coal and the Secretary settled the company's contest of Citation No. 3077177 at the Southfield Mine. Judge Michael A. Lasher, Jr. approved the settlement and ordered the company to pay a $112 penalty within 30 days. He dismissed the contest, and the release states that no related…
Energy Fuels Coal, Inc.
Citation modified in settlement
Energy Fuels Coal agreed to settle its contest of Citation No. 3077178 at the Southfield Mine. Judge Michael A. Lasher, Jr. approved the settlement, dismissed the contest, and modified the citation to delete the significant-and-substantial designation. The company was ordered to pay a $50 penalty…
Energy Fuels Coal, Inc.
Citation vacated
Energy Fuels Coal was involved in contest and civil penalty proceedings concerning enforcement documents at the Southfield Mine. For Citation No. 3077181, the Secretary determined that no violation had occurred and moved to vacate the citation. Judge Michael A. Lasher, Jr. approved that motion and…
Energy Fuels Coal, Inc.
Citation vacated in partial settlement
Energy Fuels Coal and the Secretary reached partial settlement agreements covering enforcement documents in a contest proceeding and a related civil penalty proceeding. Judge Michael A. Lasher, Jr. approved the agreement for Citation No. 2875322, vacated that citation, and dismissed the contest…
Sun Glow Coal Company, Inc.
Discrimination complaint withdrawn and dismissed
Goebel Swiney asked to withdraw his discrimination complaint against Sun Glow Coal Company. Judge Roy J. Maurer approved the withdrawal, cancelled the scheduled hearing, and dismissed the case. The order resolved the proceeding without deciding the underlying discrimination allegations.
Shannopin Mining Company
Discrimination case dismissed after settlement
Bernard J. Garnek asked to withdraw his discrimination complaint against Shannopin Mining Company after the parties reached a mutually agreeable settlement. Judge Gary Melick granted permission to withdraw the complaint under 29 C.F.R. § 2700.11. The case was dismissed, and the hearings scheduled…
Asarco, Inc.
Discrimination proceeding settled and dismissed
Bruce Mitchell and Asarco, Inc. reached an amicable resolution of the discrimination proceeding. Through counsel, the parties filed a stipulation of voluntary dismissal with prejudice based on their settlement agreement. Judge Michael A. Lasher, Jr. treated the stipulation as a withdrawal of…
Paroki Enterprises, Inc.
Settled discrimination case dismissed with prejudice
Blaine K. Deel brought a discrimination proceeding against Paroki Enterprises involving the No. 1 Truck Mine. The parties jointly asked to dismiss the case after reaching a mutually agreeable settlement. Judge Roy J. Maurer allowed Deel to withdraw the complaint, dismissed the case with prejudice…
Southern Ohio Coal Company
Discrimination complaint withdrawn and dismissed
Phyllis A. Palmieri did not appear for a scheduled hearing in her discrimination proceeding against Southern Ohio Coal Company. The judge issued an order to show cause after her absence. Palmieri then asked for permission to withdraw the complaint. The judge granted the request under 29 C.F.R. §…
Roger Thompson, Union Pres., on Behalf of Paul Luce v. Unimin Corporation
Discrimination complaint withdrawn
Paul Luce decided not to pursue his discrimination complaint against Unimin Corporation. Judge Michael A. Lasher, Jr. treated the signed discontinuance as a voluntary withdrawal under Commission Rule 11. He approved the withdrawal and dismissed the proceeding with prejudice.
Jericol Mining Inc.
Discrimination complaint dismissed
David Johnson asked to withdraw his discrimination complaint against Jericol Mining Inc. because he no longer wanted a hearing. Judge Roy J. Maurer granted permission to withdraw the complaint under 29 C.F.R. § 2700.11. The case was dismissed.
Johnson Coal Company, Incorporated
Discrimination proceedings dismissed after settlements
Five discrimination proceedings were brought on behalf of Elliott Rowe Jr., Agnel Amburgey, Everett Watkins, Edsel Baker, and Calvin Baker against Johnson Coal Company. The complainants requested permission to withdraw their complaints because the parties had reached agreed settlements. Judge Gary…
Benjamin Coal Company
Discrimination proceeding withdrawn after settlement
Joseph M. Mazenko and Benjamin Coal Company reached an agreed settlement of the underlying discrimination matter. Judge Gary Melick treated the parties' notice as a request to withdraw the complaint and granted permission to withdraw it. The case was dismissed, and the hearings scheduled for July…
Benjamin Coal Company
Discrimination proceeding withdrawn after settlement
Terry Miller brought a discrimination complaint against Benjamin Coal Company at the Benjamin No. 1 Strip. Miller requested permission to withdraw the complaint because the underlying issue had been settled. Judge Gary Melick granted the request, dismissed the case, and canceled the scheduled…
Cen-Tex Ready Mix Concrete Company, Incorporated
Contests withdrawn and dismissed
Cen-Tex Ready Mix Concrete asked to withdraw nine contests as part of a settlement reached in related civil penalty proceedings. Judge Gary Melick granted permission to withdraw under 29 C.F.R. § 2700.11. The nine contest proceedings were dismissed.
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.