Jaxun v. Asarco, LLC (ALJ decision, November 21, 2007)

Plain-English summary

Vurnun Edwurd Jaxun asked to have his discrimination case reassigned and to stay the assignment order. Chief Administrative Law Judge Robert J. Lesnick denied both requests and directed the case to proceed. He ordered Jaxun to file the original MSHA complaint, proof that the mine operator received it, a statement of requested relief, and MSHA's no-discrimination letter within 30 days. The amended order restarted that deadline from November 21, 2007.

Decision snapshot

• Cited authority: No specific Mine Act or procedural-rule section was identified.
• Outcome: Reassignment and a stay were denied, and Jaxun was ordered to supply four categories of complaint materials within 30 days.
• Key point: A new discrimination case cannot proceed without the underlying complaint, service proof, requested relief, and MSHA determination letter.

Full text (FMSHRC public release)

FMSRHC ALJ DECISION

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES

601 NEW JERSEY AVENUE, N.W., SUITE 9500

WASHINGTON, DC 20001-2021

TELEPHONE: 202-434-9958 / FAX: 202-434-9949

November 21, 2007

VURNUN EDWURD JAXUN,
Complaintant

v.

ASARCO, LLC

Respondent

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DISCRIMINATION PROCEEDING

Docket No. WEST 2007-811-DM

RM MD 2006-06

San Mission Mine

Mine ID 02-00135

AMENDED

ORDER DENYING REQUEST FOR REASSIGNMENT

ORDER DENYING STAY OF ASSIGNMENT ORDER

ORDER TO FILE COMPLAINT

My November 8, 2007 order is amended as follows (amended language is in bold italics):

Jaxun’s request for reassignment is DENIED, and, as Jaxun has provided no basis for a
stay, the request for stay of the Order of Assignment is also DENIED. This case will proceed
pursuant to the Mine Act and the Commission’s Procedural Rules.

In addition, as Docket No. WEST 2007-811-DM is a new case before the Commission,
Jaxun is ORDERED to submit the following within 30 days of the date of this order:

1. A copy of the original complaint to the Mine

Safety and Health Administration (MSHA).

2. A copy of the return receipt (green card) from

delivery of the complaint to the mine operator.

If he has not done so already, Jaxun must send the

complaint to the operator by certified mail, return

receipt requested. A note to the operator should be

enclosed indicating Jaxun’s disagreement with MSHA's

determination and stating that he is requesting the

Commission’s review of the case.

3. A statement of the relief sought, such as

4. A copy of the letter from MSHA stating that its

investigation determined that a discrimination did

not occur.

Jaxun’s 30-day time period begins from the date of this order rather than the date of the
November 8 order.

Robert J. Lesnick

Chief Administrative Law Judge

Distribution:

Hugh Thatcher, Esq., Patton Boggs, LLP, 1801 California Street, Suite 4900, Denver, CO 80202

Vurnun Edwurd Jaxun, 5357 N. Fort Yuma Trail, Tucson, AZ 85750-5030

/mvw