Secretary of Labor (MSHA) on behalf of James M. Clarke v. T.P. Mining, Inc. (ALJ decision, May 10, 1984)

Plain-English summary

After the Secretary and T.P. Mining settled James Clarke's discrimination complaint, Judge Joseph B. Kennedy had separated a proposed civil penalty from the complaint. He affirmed the earlier settlement approval and dismissed the complaint. He also dismissed the severed penalty proposal “for want of prosecution,” saying the Solicitor had not supplied an amended complaint as ordered. On review, the Commission struck that phrase from this order while leaving the dismissal in place. This order concerned case disposition, not a mine safety citation.

Decision snapshot

• Cited standard(s): No mine safety standard is cited in this procedural order.
• Outcome: Settlement approval affirmed; complaint and severed penalty proposal dismissed. The Commission later removed the stated dismissal ground.
• Key point: The Commission later removed the judge's adverse characterization of the Secretary's handling of the penalty issue without restoring the dismissed proposal.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. T.P.MINING
DDATE:
19840510
TTEXT:
~1264

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

SECRETARY OF LABOR,
DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. LAKE 83-97-D
ON BEHALF OF
JAMES M. CLARKE,
MSHA Case No. VINC-CD-83-09
COMPLAINANT
v. T.P. Strip

T.P. MINING, INC.,
RESPONDENT

ORDER OF DISMISSAL

Before: Judge Kennedy

The Solicitor having failed and refused to comply with my order to provide an amended complaint in support of the penalty proposal that was severed from the discrimination complaint, it is ORDERED that (1) the order approving settlement of the discrimination complaint is AFFIRMED and the complaint DISMISSED and (2) that the severed penalty proposal be, and hereby is, DISMISSED FOR WANT OF PROSECUTION.

Joseph B. Kennedy
Administrative Law Judge