Ezel / Agency Decisions / WEST 86-3-D

Thomas P. Martinez v. Tower Resources, Inc. (ALJ decision, September 11, 1986)

Thomas P. Martinez v. Tower Resources, Inc. (FMSHRC WEST 86-3-D): Discrimination complaint dismissed as abandoned

Decision type
ALJ decision
Docket
WEST 86-3-D
Decided
September 11, 1986
Presiding judge
Michael A. Lasher, Jr.
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-10-19
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1986 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 1986
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

Thomas P. Martinez brought a discrimination complaint against Tower Resources, Inc. He did not respond to the judge's prehearing order or the later show-cause order. Judge Michael A. Lasher, Jr. found that Martinez had abandoned the case and dismissed it. The order did not decide the merits of the discrimination claim.

Decision snapshot

  • Cited standard: None identified in the dismissal order.
  • Outcome: Discrimination complaint dismissed as abandoned.
  • Key point: The complainant did not pursue the case after two orders from the judge.

Full text (FMSHRC public release)

CCASE:
THOMAS MARTINEZ V. TOWER RESOURCES
DDATE:
19860911
TTEXT:

~1361

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

THOMAS P. MARTINEZ,
DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. WEST 86-3-D v.
DENV CD 85-22
TOWER RESOURCES, INC.,
RESPONDENT

DECISION AND ORDER OF DISMISSAL

Before: Judge Lasher

Complainant has failed to respond to my Prehearing Order issued January 14, 1986. Thereafter, Complainant has failed to respond to my Order to Show Cause dated July 21, 1986, and otherwise proceed with his complaint herein. Complainant is thus found to have abandoned the prosecution of this proceeding and this matter should be, and hereby is, DISMISSED.

Michael A. Lasher, Jr.
Administrative Law Judge

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