Secretary of Labor (MSHA) on behalf of Donald R. Hale v. 4-A Coal Company, Inc. (ALJ decision, October 1, 1985)

Plain-English summary

The Secretary of Labor brought a discrimination case on behalf of Donald R. Hale against 4-A Coal Company. The company moved to dismiss the case as untimely. Judge Joseph B. Kennedy found that the Secretary had not opposed the motion or requested more time to respond under the Commission's rules. He granted the motion and dismissed the case without deciding the discrimination allegation.

Decision snapshot

• Cited standard: No mine safety standard is cited; the order refers to Commission Rules 9, 10 and 41.
• Outcome: Operator's unopposed dismissal motion granted after the Secretary failed to respond or request more time.
• Key point: The judge dismissed the complaint after the Secretary did not respond to the operator's motion within the allowed time.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. 4-A COAL
DDATE:
19851001
TTEXT:
~1552
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. VA 85-29-D
ON BEHALF OF DONALD R. HALE,
NORT CD 83-8
COMPLAINANT v.

4-A COAL COMPANY, INC.,
No. 4 Mine
RESPONDENT

ORDER

Before: Judge Kennedy

On August 29, 1985, the operator filed and served a motion to dismiss the captioned wrongful discharge case on the grounds it was untimely. Under the Commission Rules, the Secretary had 10 days to respond. The Secretary having failed to respond or otherwise oppose the operator's motion or to seasonably move for an enlargement of time, it is ORDERED that the operator's motion be, and hereby, is GRANTED and the case DISMISSED. See Rules 9, 10, and 41.

Joseph B, Kennedy
Administrative Law Judge