Ezel / Agency Decisions / KENT 86-17-D

Silas Noble v. Patsy Jane Coal Corporation (ALJ decision, July 24, 1986)

Silas Noble v. Patsy Jane Coal Corporation (FMSHRC KENT 86-17-D): Discrimination complaint dismissed after no response

Decision type
ALJ decision
Docket
KENT 86-17-D
Decided
July 24, 1986
Presiding judge
Gary Melick
Outcome
Procedural
Precedential status
Final order, not precedent
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 1986 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 1986
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 decision 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. 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.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

Plain-English summary

Silas Noble complained that Patsy Jane Coal Corporation laid him off while retaining workers with less seniority. The company moved to dismiss, arguing that his complaint did not state a claim under the Mine Act's discrimination provision. Judge Gary Melick gave Noble a chance to explain why the case should continue through an order to show cause. Noble filed no response, so the judge granted the company's motion and dismissed the complaint. The order awarded no relief or penalty and did not decide whether a safety complaint had occurred.

Decision snapshot

  • Cited statute: Mine Act section 105(c), the discrimination provision.
  • Outcome: Complaint dismissed after no response to the show cause order; no relief or penalty ordered.
  • Key point: The dismissal followed the complainant's failure to respond to the judge's request for a basis to keep the case open.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
JUL 24 1986
FALLS CHURCH, VIRGINIA 22041

SILAS NOBLE, : DISCRIMINATION PROCEEDING
Complainant :
v. : Docket No. KENT 86-17-D
: MSBA CASE NO BARB CD 85-34
PATSY JANE COAL CORPORATION, :
Respondent : Surface No. 1 Mine
ORDER OF DISMISSAL
Before: Judge Melick
The Complainant, Silas Noble, alleges in a Complaint of Discrimination that he was laid off because "[a]t the time I was laid off they kept people that had less seniority than I had." Respondent thereafter moved to dismiss the Complaint on the grounds that it failed "to state a claim upon which relief can be granted under section 105(c)." An Order to Show Cause was then issued providing the Complainant with an opportunity to explain why this case should not accordingly be dismissed. No response to that Order has been filed and the Respondent's Motion to Dismiss is thus granted.
The captioned case is accordingly dismissed.

Gary Melick
Administrative Law Judge
(703) 756-6261

Distribution:
Mr. Silas Noble, General Delivery, Hindman, KY 41822 (Certified Mail) Randall Scott May, Esq., Barret, Haynes, May, Carter & Roark, P.S.C., P.O. Drawer 1017, Hazard, KY 41701 (Certified Mail) rbg

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