Ezel / Agency Decisions / LAKE 88-130-D

Gosser Construction Company (ALJ decision, December 23, 1988)

Gosser Construction Company (FMSHRC LAKE 88-130-D): Discrimination proceeding dismissed

Decision type
ALJ decision
Docket
LAKE 88-130-D
Decided
December 23, 1988
Presiding judge
Gary Melick
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-17
Cited standards
30 U.S.C. § 815(c)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1988 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 1988
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 binding on the Commission in other cases. 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.
Read the official release (fmshrc.gov)

Plain-English summary

Jackie Sanders brought a Mine Act discrimination proceeding against Gosser Construction Company. She did not appear at the scheduled hearing and did not respond to the later order requiring her to explain the absence. Judge Gary Melick dismissed the proceeding.

Decision snapshot

  • Governing provision: 30 U.S.C. § 815(c)
  • Outcome: The discrimination proceeding was dismissed after the complainant failed to appear and did not answer the show-cause order.
  • Key point: Failure to attend the hearing and respond to the show-cause order led to dismissal.

Full text (FMSHRC public release)

CCASE:
J. SANDERS V. GOSSER CONSTRUCTION CO.
DDATE:
19881223
TTEXT:

Page 2

~1749
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

JACKIE SANDERS,
DISCRIMINATION PROCEEDING
COMPLAINANT
v. Docket No. LAKE 88-130-D

GOSSER CONSTRUCTION COMPANY,
VINC CD 88-09
RESPONDENT
Jaeco Mine

ORDER OF DISMISSAL

Before: Judge Melick

By notice issued October 19, 1988, hearings in the captioned proceedings were scheduled to commence on November 29, 1988, at 8:30 a.m., in Bloomington, Indiana. The Complainant however failed to appear at the scheduled time and place.

Accordingly on November 30, 1988 an Order to Show Cause was issued directing the Complainant to explain on or before December 15, 1988 why she failed to appear at the scheduled hearing. She has failed to respond to that order and accordingly this case must be dismissed.

ORDER

Discrimination Proceeding Docket No. LAKE 88Ä130ÄD is hereby dismissed.

Gary Melick
Administrative Law Judge
(703) 756Ä6261

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