Ezel / Agency Decisions / WEST 81-130-DM

Secretary of Labor on behalf of Jeffrey S. Hotchkiss v. Climax Molybdenum Company (ALJ decision, June 2, 1981)

Jeffrey S. Hotchkiss v. Climax Molybdenum Company (FMSHRC WEST 81-130-DM): Secretary's discrimination complaint withdrawn

Decision type
ALJ decision
Docket
WEST 81-130-DM
Decided
June 2, 1981
Presiding judge
John A. Carlson
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-10-22
Cited standards
30 U.S.C. § 815(c)(3)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1981 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 1981
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 under the Mine Act's 40-day rule
This administrative law judge decision became a final decision of the Commission because no Commissioner directed review within 40 days, under 30 U.S.C. § 823(d)(1). It is binding on 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

The Secretary sought to withdraw a discrimination complaint filed on behalf of Jeffrey S. Hotchkiss against Climax Molybdenum Company, saying the evidence was insufficient to continue. Hotchkiss consented, and the company did not oppose withdrawal. Judge John A. Carlson granted the motion and dismissed the Secretary's proceeding with prejudice. Because Hotchkiss had not waived his separate right to bring a complaint under Mine Act section 105(c)(3), the judge gave him 30 days from receiving the order to file one with the Commission. The order did not decide whether discrimination had occurred.

Decision snapshot

  • Governing provision: 30 U.S.C. § 815(c)(3)
  • Outcome: Secretary's complaint dismissed with prejudice; miner's separate filing right preserved for 30 days after receipt of the order.
  • Key point: Withdrawal of the Secretary's complaint did not extinguish the miner's right to bring his own complaint without an affirmative waiver.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. CLIMAX MOLYBDENUM
DDATE:
19810602
TTEXT:

~1447
Federal Mine Safty and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
COMPLAINT OF DISCHARGE
MINE SAFETY AND HEALTH
DISCRIMINATION OR INTERFERENCE
ADMINISTRATION (MSHA),
ON BEHALF OF
DOCKET NO. WEST 81-130-DM
JEFFREY S. HOTCHKISS,
COMPLAINANT MINE: Climax Mine v.

CLIMAX MOLYBDENUM COMPANY,
RESPONDENT

ORDER OF DISMISSAL

The Secretary of Labor has moved to withdraw his complaint of discrimination filed on behalf of Jeffrey S. Hotchkiss. Withdrawal is sought on the grounds that insufficient evidence exists to continue prosecution. Mr. Hotchkiss has filed a formal consent to the withdrawal of the complaint. Respondent does not oppose the motion.

The Secretary's motion is granted, and this present proceeding is dismissed with prejudice.

The Secretary's motion and the miner's accompanying consent, however, are silent as to whether the dismissal should foreclose the miner's right to prosecute his own complaint under section 105(c)(3) of the Act. The Secretary's determination to withdraw can stand no differently than an initial determination not to file a complaint; it cannot deprive the miner of his right to initiate his own complaint.(FOOTNOTE.1) Because there has been no affirmative waiver of that right, Mr. Hotchkiss is granted 30 days from his receipt of this order in which to file his own complaint with the Commission, should he wish to do so.

SO ORDERED.

John A. Carlson
Administrative Law Judge
ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ
~FOOTNOTE_ONE
Cf. S. Rep. No. 95-181 95th Cong. 1st Sess. at 37 (1977); reprinted in Senate Subcommittee on Labor, Committee on Human Resources, 95th Cong., 2d Sess. Legislative History of the Federal Mine Safety and Health Act of 1977 at 626 (1978).

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