Ezel / Agency Decisions / KENT 81-167-D

Marlene Finn v. Brown Badgett, Inc. (ALJ decision, December 21, 1981)

Marlene Finn v. Brown Badgett, Inc. (FMSHRC KENT 81-167-D): Discrimination complaint dismissed after nonappearance

Decision type
ALJ decision
Docket
KENT 81-167-D
Decided
December 21, 1981
Presiding judge
William Fauver
Outcome
Procedural
Precedential status
Final order, not precedent
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 1981 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 1981
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 default order 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

Marlene Finn's discrimination complaint against Brown Badgett, Inc. was scheduled for a hearing on December 11, 1981. Finn did not appear at the scheduled time or during the next two hours. Judge William Fauver held her in default and dismissed the complaint for want of prosecution. The order does not describe the underlying discrimination claim or assess a penalty.

Decision snapshot

  • Cited standard(s): None identified in this default order.
  • Outcome: Discrimination complaint dismissed for default and failure to prosecute; no penalty assessed.
  • Key point: The complainant's nonappearance ended the proceeding without an evidentiary hearing on the claim.

Full text (FMSHRC public release)

CCASE:
MARLENE FINN, v. BROWN BADGETT, INC.,
DDATE:
19811221
TTEXT:
~2812
Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

MARLENE FINN,
Complaint of Discharge,
COMPLAINANT
Discrimination, or
v. Interference

BROWN BADGETT, INC.,
Docket No. KENT 81-167-D
RESPONDENT
MSHA Case No. MADI
CD 81-19

ORDER OF DEFAULT

The case was scheduled for hearing on the merits December 11, 1981 at 9:30 a.m. in Louisville, Kentucky pursuant to a notice of hearing served on both parties.

Upon the Applicant's failure to appear at the hearing at 9:30 a.m. and after waiting two hours for her to appear, the Applicant was held in default at 11:30 a.m. on December 11, 1981.

Wherefore, the Applicant's complaint of Discrimination is DISMISSED on the merits for default and for want of prosecution.

WILLIAM FAUVER JUDGE

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