Ezel / Agency Decisions / KENT 89-119-D

Peabody Coal Company (ALJ decision, August 2, 1989)

Peabody Coal Company (FMSHRC KENT 89-119-D): Discrimination complaint dismissed for lack of jurisdiction

Decision type
ALJ decision
Docket
KENT 89-119-D
Decided
August 2, 1989
Presiding judge
William Fauver
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-17
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1989 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 1989
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

Judge William Fauver issued a show-cause order giving Donald R. Babbs an opportunity to explain why his discrimination complaint should not be dismissed for lack of jurisdiction. Babbs did not respond by the deadline. The judge therefore dismissed the proceeding for lack of jurisdiction.

Decision snapshot

  • Cited standards: None stated in the order.
  • Outcome: The discrimination proceeding was dismissed for lack of jurisdiction.
  • Key point: The complaint was dismissed after the complainant did not respond to the jurisdictional show-cause order.

Full text (FMSHRC public release)

CASE:
DONALD R. BABBS V. PEABODY COAL
DATE:
19890802
TEXT:

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

DONALD R. BABBS,
DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. KENT 89-119-D v.
MADI CD 89-02
PEABODY COAL COMPANY,
RESPONDENT
Camp 9

DECISION

Before: Judge Fauver

On June 7, 1989, a show cause order was issued allowing Complainant until June 17, 1989 to show cause why his complaint should not be dismissed for lack of jurisdiction.

Complainant has not filed a response to the show cause order. Accordingly, the complaint will be dismissed for lack of jurisdiction.

ORDER

WHEREFORE IT IS ORDERED that this proceeding is DISMISSED.

William Fauver
Administrative Law Judge

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