Ezel / Agency Decisions / WEST 83-122-D

David L. Williams v. Southern Utah Fuel Company (ALJ decision, March 28, 1984)

David L. Williams v. Southern Utah Fuel Company (FMSHRC WEST 83-122-D): Discrimination complaint dismissed after no response

Decision type
ALJ decision
Docket
WEST 83-122-D
Decided
March 28, 1984
Presiding judge
Paul Merlin
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-10-21
Cited standards
30 U.S.C. § 815(c)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1984 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 1984
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

David L. Williams filed a discrimination complaint against Southern Utah Fuel Company. The Commission sent him an order asking for missing information, but the order was returned unclaimed. A second order was returned after he moved without leaving an address, and a telephone call found his number disconnected. Chief Judge Paul Merlin concluded that Williams had abandoned the complaint and dismissed the case after the response period expired. The order does not decide whether discrimination occurred.

Decision snapshot

  • Governing provision: Mine Act discrimination protection, 30 U.S.C. § 815(c).
  • Outcome: Complaint dismissed after the complainant did not respond to two show-cause orders.
  • Key point: The dismissal followed unsuccessful attempts to reach the complainant and did not resolve the discrimination allegation.

Full text (FMSHRC public release)

CCASE:
DAVID WILLIAMS V. SOUTHERN FUEL
DDATE:
19840328
TTEXT:
~778

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

DAVID L. WILLIAMS,
DISCRIMINATION PROCEEDING
COMPLAINANT
v. Docket No. WEST 83-122-D

SOUTHERN UTAH FUEL COMPANY,
MSHA Case No. DENV CD
RESPONDENT
83-15

ORDER OF DISMISSAL

Before: Judge Merlin

On September 27, 1983, Complainant filed with this Commission a complaint of discrimination under section 105(c) of the Federal Mine Safety and Health Act of 1977. An order was issued on November 22, 1983, to Complainant so that he might show cause why his complaint should not be dismissed for failure to provide certain information. This order was returned to the Commission as "unclaimed" on December 19, 1983.

On January 5, 1984, my law clerk attempted to telephone Complainant in this regard but found the phone was disconnected. A second order to show cause was issued on January 6, 1984. This order was returned to the Commission on January 13, 1984, marked "moved, left no address."

It must be assumed that Complainant has abandoned intent to pursue this discrimination claim. The period allowed for response has expired and no reply has been received from Complainant nor has he been able to be reached.

Accordingly, the case is DISMISSED.

Paul Merlin
Chief Administrative Law Judge

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