Johnny Howard v. Martin Marietta Corporation (Commission decision, July 29, 1980)

Plain-English summary

Martin Marietta Corporation petitioned for review of a default order in Johnny Howard's discrimination case. The Commission granted review and sent the case back to the judge to determine whether the company had been properly served with the complaint before the default order issued. If service was improper, the judge was directed to conduct any necessary further proceedings. The release does not decide the discrimination claim or describe its underlying facts.

Decision snapshot

• Cited standard(s): No specific mine safety standard is identified in this order.
• Outcome: Review was granted and the case was remanded for a finding on service before default.
• Key point: The judge had to determine whether the company received proper service of the complaint before issuing a default order.

Full text (FMSHRC public release)

CCASE:
JOHNNY HOWARD V. MARTIN MARIETA
DDATE:
19800729
TTEXT:

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION WASHINGTON, DC
July 29, 1980

JOHNNY HOWARD

v. DOCKET NO. SE 80-24-DM

MARTIN MARIETTA CORPORATION

DIRECTlON FOR REVIEW AND ORDER

The petition for discretionary review filed by Martin Marietta Corporation is granted. The case is remanded to the administrative law judge to determine whether Martin Marietta Corporation was in fact properly served a copy of the complaint of discrimination prior to issuance of the order of default. Should he determine that service was not properly made, the administrative law judge is directed to conduct further proceedings as necessary.

--- Page break
~1703
Distribution:

James A. Broderick
Chief Administrative Law Judge
1730 K Street, N.W., 6th Floor
Washington, D. C. 20006

Elliott D. Light
Assistant General Counsel
Martin Marietta Corporation
6801 Rockledge Drive
Bethesda, Maryland 20034

Nathan Kaminski, Jr., Esq.
Schneider & O'Donnell
601 Front Street
P. 0. Box 662
Georgetown, South Carolina 29440

Assistant Solicitor,
U. S. Department of Labor
4015 Wilson Boulevard
Arlington, Virginia 22203

Office of Special Investigations
MSHA, U.S. Department of Labor
4015 Wilson Boulevard
Arlington, Virginia 22203

--- Page break