Ezel / Agency Decisions / PENN 88-4-D

Patrick J. Burns v. Gary Klinefelter (U. S. Steel Company) (ALJ decision, June 21, 1988)

Patrick J. Burns v. Gary Klinefelter (FMSHRC PENN 88-4-D): Discrimination complaint dismissed

Decision type
ALJ decision
Docket
PENN 88-4-D
Decided
June 21, 1988
Presiding judge
Paul Merlin
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-20
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 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.
Read the official release (fmshrc.gov)

Plain-English summary

Patrick J. Burns filed a Mine Act discrimination complaint against Gary Klinefelter, identified in the release as associated with U.S. Steel Company. The complaint was filed under section 105(c) on October 5, 1987. After the Commission requested information and later issued a show-cause order, Burns did not provide the required response even though the order was received. Chief Administrative Law Judge Paul Merlin dismissed the case.

Decision snapshot

  • Governing provision: 30 U.S.C. § 815(c)
  • Outcome: The discrimination proceeding was dismissed for failure to respond to the show-cause order.
  • Key point: The case was dismissed after the complainant did not comply with an order requiring information or a reason for the failure to provide it.

Full text (FMSHRC public release)

CCASE:
PATRICK BURNS V. GARY KLINEFELTER (US STEEL) DDATE: 19880621 TTEXT:

Page 2

~772

FMSHRC-WDC
JUNE 21, 1988

PATRICK J. BURNS,
DISCRIMINATION PROCEEDING
Complainant
Docket No. PENN 88-4-D
v. PITT CD 87-10

GARY KLINEFELTER,
(U. S. STEEL COMPANY)
Respondent

ORDER OF DISMISSAL

Before: Judge Merlin

On October 5, 1987, you filed with this Commission a complaint of discrimination under section 105(c) of the Federal Mine Safety and Health Act of 1977.

On this same day you were sent a letter from the Commission informing you of what was needed to be done in order for your complaint to be processed. On January 19 and again on March 23, 1988, my law clerk spoke with the complainant's wife and informed her of what the complainant needed to do so that the complaint could be processed.

Finally on April 20, 1988 a show cause order was issued directing you to provide information regarding your complaint or show good reason for your failure to do so. The show cause was mailed to you certified mail, return receipt requested and the file contains the receipt card indicating you received the show cause order. You have however, not responded and complied with the show cause order.

Accordingly, this case is DISMISSED.

Paul Merlin
Chief Administrative Law Judge

Distribution:

Mr. Patrick J. Burns, Jr., 125 Cumberland Avenue, Masontown, PA 15461 (Certified Mail)

Mr. Gary Klinefelter, Ventilation Foreman, U. S. Steel Mining Company, Inc., P. 0. Box 711, Waynesburg, PA 15370 (Certified Mail)

Mr. Thomas Shumaker, Int'l. H&S Rep., District 4, 32 S. Mains Street, Masontown, PA 15461 (Certified Mail)

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