Pontiki Coal Corporation (ALJ decision, March 10, 1995)

Plain-English summary

Pontiki Coal Corporation moved to dismiss a discrimination complaint brought on behalf of Charles H. Dixon. At hearings, an affidavit indicated that Dixon may have been a representative of miners before April 15, 1994. Judge Gary Melick amended an earlier interlocutory order by deleting the finding that Dixon had not held that status before that date. The judge deferred when Dixon became a representative of miners, and which alleged acts could be considered, until a full evidentiary hearing or another appropriate proceeding.

Decision snapshot

• Cited standard(s): None stated in this amended procedural order.
• Outcome: The earlier partial-dismissal ruling was amended, and the timing and scope of Dixon’s representative status were deferred.
• Key point: A factual issue that could affect which discrimination allegations proceed must be resolved through a full evidentiary record.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF A D M INISTRA TIV E LA W JUDGES 2 SK YLINE, 10 th FLOOR
5203 LEESBURG PIK E
FA LLS CHURCH, V IRGINIA 22041

March 10, 1995

SECRETARY OF LABOR,
: DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA),
: Docket No. KENT 94-1274-D
ON BEHALF OF CHARLES H.
:
DIXON,
: PIKE CD 94-16
Complainant
: Mine ID 15-09571
:
v. :
:
PONTIKI COAL CORPORATION,
:
Respondent
:

AMENDED ORDER GRANTING PARTIAL DISMISSAL

At hearings held March 9, 1995, on the Respondent's Motions to Dismiss, evidence by way of an affidavit from Charles H. Dixon was admitted indicating that he may have been a "representative of miners" at some time prior to April 15, 1994. Accordingly that part of the interlocutory Order issued February 6, 1995, which held that Complainant Dixon had not become a "representative of miners" before April 15, 1994, is amended by deletion.

A determination as to when Mr. Dixon became a "representative of miners" (and the related determination of which alleged acts of discrimination may be considered) is, therefore, deferred until hearings on the merits or other appropriate proceedings at which a full evidentiary airing of the issue may be provided.

Gary Melick
Administrative Law Judge

Distribution:

Brian W. Dougherty, Esq., Office of the Solicitor, U.S. Dept. of Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN 37215-2862

Page 2

Timothy M. Biddle, Esq., Thomas C. Means, Esq., Crowell & Moring, 1001 Pennsylvania Ave., N.W., Washington, D.C. 20004-2595
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