Ezel / Agency Decisions / WEST 82-128-DM

Anamax Mining Company (ALJ decision, October 14, 1982)

Anamax Mining Company (FMSHRC WEST 82-128-DM): Discrimination complaint dismissed after complainant could not be located

Decision type
ALJ decision
Docket
WEST 82-128-DM
Decided
October 14, 1982
Presiding judge
Gary Melick
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-10-21
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1982 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 1982
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

Harold Crumley brought a discharge, discrimination, or interference complaint against Anamax Mining Company at the Twin Buttes Mine. Judge Gary Melick found that a hearing notice and prehearing order sent to Crumley's last known address were returned undelivered. Further efforts to locate him failed. Because Crumley had not provided a new address as Commission Rule 5(c) required, the judge dismissed the complaint for lack of prosecution. The order does not decide whether Anamax discriminated against him.

Decision snapshot

  • Cited provision: Commission Rule 5(c), 29 C.F.R. § 2700.5(c), requiring prompt written notice of a change in address or business telephone number.
  • Outcome: Complaint dismissed for lack of prosecution.
  • Key point: The complainant's failure to update his address prevented the hearing from proceeding.

Full text (FMSHRC public release)

CCASE:
HAROLD CRUMLEY V. ANAMAX MINING
DDATE:
19821014
TTEXT:
~1859

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

HAROLD CRUMLEY,
Complaint of Discharge, Discrimination
COMPLAINANT
of Interference
v.
Docket No. WEST 82-128-DM
ANAMAX MINING COMPANY,
RESPONDENT
Twin Buttes Mine

ORDER OF DISMISSAL

On September 15, 1982 a combined Notice of Hearing and Prehearing Order was issued by the undersigned and duplicate service by certified mail was attempted at Complainant's last known address. The envelopes containing said documents were returned unopened and marked presumably by postal authorities "not deliverable", "records searched, no address on file", "moved, left no address" and "unable to forward". Additional efforts were made to locate Complainant but without success.

Commission Rule 5(c), 29 CFR 2700.5(c), requires, and common sense dictates, that a party "promptly" give to the Commission "written notice" of "any change in address or business telephone number". It is apparent that Complainant has failed to comply with the requirements of said rule, thereby making further prosecution of this case impossible. Accordingly, I have no alternative but to dismiss this case for lack of prosecution.

Gary Melick
Assistant Chief Administrative Law Judge

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