Johnnie Lee Jackson v. Turner Brothers, Inc. (ALJ decision, June 25, 1986)

Plain-English summary

Johnnie Lee Jackson alleged that Turner Brothers discharged him after he complained about an unsafe bulldozer. MSHA initially pursued his discrimination claim but later withdrew its representation after finding information it said would have changed its decision to bring the case. Judge George A. Koutras gave Jackson 30 days to file a complaint on his own behalf. Jackson filed no complaint and did not respond to an order to explain why the case should continue. The judge dismissed the proceeding and canceled the scheduled hearing without deciding the discrimination allegation.

Decision snapshot

• Cited provision: Mine Act section 105(c), protecting miners against discrimination for safety activity.
• Outcome: Discrimination proceeding dismissed for failure to pursue the complaint; scheduled hearing canceled.
• Key point: After MSHA withdrew, the complainant did not file his own complaint or respond to the judge's order.

Full text (FMSHRC public release)

CCASE:
JOHNNIE JACKSON V. TURNER BROS.
DDATE:
19860625
TTEXT:
~992

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

JOHNNIE LEE JACKSON,
DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. CENT 86-36-D
v. MSHA Case No. MADI 85-17

TURNER BROTHERS, INC.,
Rogers No. 2 Mine
RESPONDENT

ORDER OF DISMISSAL

Before: Judge Koutras

Statement of the Case

This proceeding concerns a discrimination complaint initially filed by MSHA on behalf of the complainant Johnnie Lee Jackson against the respondent pursuant to section 105(c) of the Federal Mine Safety and Health Act of 1977. Mr. Jackson claimed that he was discharged by the respondent because he made safety complaints concerning an unsafe bulldozer which he operated while in the respondent's employ. Mr. Jackson was involved in an accident while operating the bulldozer, and the respondent claimed that he was fired for causing the accident, and that his discharge was in accord with company policy regarding accidents caused by its employees.

On January 22, 1986, MSHA filed an Application for Temporary Reinstatement on Mr. Jackson's behalf, and a hearing on the application was conducted in Muskogee, Oklahoma, on February 5, 1986. Subsequently, on March 18, 1986, I issued a decision denying Mr. Jackson's temporary reinstatement, and a hearing on the merits of the complaint was scheduled for June 25, 1986, in Muskogee, Oklahoma.

On May 5, 1986, MSHA filed a motion to withdraw its representation of Mr. Jackson. As grounds for its motion, MSHA stated that it had "discovered information which would have caused the Secretary to reject Mr. Jackson's complaint had that information been available when the investigation report was reviewed." MSHA stated further that "under these circumstances, the Secretary is obligated not to pursue the matter on behalf of Mr. Jackson and not to compel respondent to defend an action that should not have been filed." ~993
On May 7, 1986, I issued an order granting MSHA's motion to withdraw its representation of Mr. Jackson. Mr. Jackson was directed to file a complaint within 30 days on his own behalf or through counsel of his own choosing. Mr. Jackson failed to file such a complaint, and on June 10, 1986, I issued an Order to Show Cause as to why this matter should not be dismissed because of Mr. Jackson's failure to file a complaint on his own behalf. Mr. Jackson has failed to respond to my order. Under the circumstances, I conclude and find that this matter should now be dismissed because of Mr. Jackson's failure to pursue his complaint.

ORDER

In view of the foregoing, this matter IS DISMISSED. The hearing previously scheduled in Muskogee, Oklahoma, IS CANCELLED.

George A. Koutras
Administrative Law Judge