Ezel / Agency Decisions / KENT 89-2-D

B & M Trucking (ALJ decision, February 27, 1989)

B & M Trucking (FMSHRC KENT 89-2-D): Discrimination complaint dismissed after show-cause failure

Decision type
ALJ decision
Docket
KENT 89-2-D
Decided
February 27, 1989
Presiding judge
Gary Melick
Outcome
Procedural
Precedential status
Reviewed by the Commission
Checked against source
2026-08-17
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

What's the rule today?

This ALJ decision was superseded by the Commission's decision in the same case. Ezel starts from the controlling decision and answers your situation under current law, 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.
ALJ decision, later reviewed by the Commission
This decision was issued by an FMSHRC Administrative Law Judge, but it was not the final word in the case: the Commission directed review, and the Commission's decision is the one citable as precedent.
Read the Commission's decision in this case
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

Judge Gary Melick had ordered Kenneth Howard to provide proof that he served his discrimination complaint on B & M Trucking within 30 days. The order warned that failure to respond could lead to dismissal. Howard did not respond to the show-cause order. The judge therefore dismissed the complaint, and the Commission later vacated that dismissal and remanded the case.

Decision snapshot

  • Cited standards: None stated in the order
  • Outcome: The discrimination complaint was dismissed for failure to respond to the show-cause order. The Commission later vacated the dismissal and remanded the case.
  • Key point: A failure to comply with a show-cause order led to dismissal at the ALJ stage, subject to later Commission review.

Full text (FMSHRC public release)

CCASE:
KENNETH HOWARD V. B & M TRUCKING
DDATE:
19890227
TTEXT:

Page 2

~256
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

KENNETH HOWARD,
DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. KENT 89-2-D v.
BARB CD 88-56
B & M TRUCKING,
No. 2 Mine
RESPONDENT

ORDER OF DISMISSAL

Before: Judge Melick

On December 2, 1988, a show cause order was issued directing the Complainant to provide inter alia service and proof of service of his complaint to the Respondent mine operator within 30 days of that date or be subject to dismissal of his complaint.

The Complaiant has failed to respond to the show cause order and accordingly his complaint must be dismissed.

Gary Melick
Administrative Law Judge
(703) 756-6261

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