Ezel / Agency Decisions / KENT 84-201-D

James O. Turner v. Chaney Creek Coal Company (ALJ decision, July 29, 1985)

James O. Turner v. Chaney Creek Coal Company (FMSHRC KENT 84-201-D): Default entered; relief remains open

Decision type
ALJ decision
Docket
KENT 84-201-D
Decided
July 29, 1985
Presiding judge
Paul Merlin
Outcome
Procedural
Precedential status
Interlocutory order, not final
Checked against source
2026-10-20
Cited standards
30 U.S.C. § 815(c)
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.
Interlocutory ALJ order, not Commission precedent
This order entered default on the discrimination complaint but left the relief to be determined after a further submission. It was not the final decision under the 40-day rule in 30 U.S.C. § 823(d)(1). 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

James O. Turner filed a Mine Act discrimination complaint against Chaney Creek Coal Company. The company did not answer after an August 7, 1984 order directed it to answer or show good cause. Chief Administrative Law Judge Paul Merlin entered default judgment for Turner. He then directed Turner to submit a detailed statement of the relief he sought, leaving the remedy unresolved in this order.

Decision snapshot

  • Cited authority: Mine Act section 105(c), 30 U.S.C. § 815(c).
  • Outcome: Default entered for the complainant; relief left for a later determination.
  • Key point: The unanswered complaint led to default, but the case continued for a remedy submission.

Full text (FMSHRC public release)

CCASE:
J.O. TURNER v. CHANEY CREEK COAL
DDATE:
19850729
TTEXT:
~1104
Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

JAMES O. TURNER,
DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. KENT 84-201-D v.
BARB CD 84-26
CHANEY CREEK COAL COMPANY,
RESPONDENT

ORDER OF DEFAULT

On July 13, 1984, Complainant filed a Complaint of discrimination against you based on section 105(c) of the Federal Mine Safety and Health Act of 1977. On August 7, 1984, you were Ordered to file your Answer to the Complaint or show good cause for not doing so. No Answer has been received.

Since you have not responded to the Order to Show Cause, judgment by default shall enter in favor of the Complainant.

The Complainant is also ORDERED to submit a detailed statement describing the relief to which he believes he is entitled.

Paul Merlin
Chief Administrative Law Judge

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