Samuel Griffin v. Energy Producers Associates Inc. (ALJ decision, June 15, 1988)

Plain-English summary

Samuel Griffin filed a Mine Act discrimination complaint against Energy Producers Associates Inc. on February 16, 1988. Judge Paul Merlin later issued a show-cause order directing Griffin to provide information about the complaint or explain why he had not done so. The order was received, but Griffin did not respond. The judge dismissed the case.

Decision snapshot

• Governing provision: 30 U.S.C. § 815(c)
• Outcome: The discrimination proceeding was dismissed for failure to respond to the show-cause order.
• Key point: A complaint may be dismissed when the complainant does not comply with an order requiring information or an explanation for noncompliance.

Full text (FMSHRC public release)

CCASE:
SAMUEL GRIFFIN V. ENERGY PRODUCERS
DDATE:
19880615
TTEXT:

Page 2

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FMSHRC-WDC
June 15, 1988

SAMUEL GRIFFIN,
DISCRIMINATION PROCEEDING
Complainant
Docket No. KENT 88-84-0
v. BARB CD 87-37

ENERGY PRODUCERS ASSOCIATES
INC.,
Respondent

ORDER OF DISMISSAL

Before: Judge Merlin

On February 16, 1988, you filed with this Commission a complaint of discrimination under section 105{c) of the Federal Mine Safety and Health Act of 1977. On April 20, 1988 a show cause order was issued directing you to provide information regarding your complaint or show good reason for your failure to do so. The show cause was mailed to you certified mail, return receipt requested and the file contains the receipt card indicating you received the show cause order. You have however, not responded and complied with the show cause order.

Accordingly, this case is DISMISSED.

Paul Merlin
Chief Administrative Law Judge

Distribution:

Mr. Samuel Griffin, P. 0. Box 43, Pathfork, KY 40863 (Certified Mail)

Energy Producers Associates, Inc., 948 Compton Road, Cincinnati, OH 45231 (Certified Mail}