Ezel / Agency Decisions / west-88-5-dm-alj
FMSHRC ALJ decision Docket WEST 88-5-DM Decided May 18, 1988 Procedural Judge James A. Broderick

FMC Wyoming Corporation

FMC Wyoming Corporation (FMSHRC WEST 88-5-DM): Discrimination proceeding dismissed

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This order from 1988 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 1988
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 binding on the Commission in other cases. 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

Mary M. Ball asked to dismiss her discrimination proceeding against FMC Wyoming Corporation, the Secretary of Labor, and an MSHA district manager. Her motion followed a letter stating that MSHA would advise district managers to confirm that state agencies would keep miner complainants' names confidential before forwarding complaint correspondence. Judge James A. Broderick made the letter part of the record, granted the motion, and dismissed the proceeding.

Decision snapshot

  • Cited standards: None stated in the release.
  • Outcome: The discrimination proceeding was dismissed on the complainant's motion.
  • Key point: The judge dismissed the case after MSHA addressed confidentiality procedures for miner complaint correspondence.

Full text (FMSHRC public release)

CCASE:
MARY BALL V. FMC WYOMING, AND SOL (MSHA),
AND VERON GOMEZ
DDATE:
19880518
TTEXT:

Page 2

~678

                               FMSHRC-FCV
                              MAY 18, 1988

MARY M. BALL, DISCRIMINATION PROCEEDING
Complainant
v. Docket No. WEST 88-5-DM

FMC WYOMING CORPORATION, FMC Trona Mine
and
SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
and
VERNON GOMEZ, DISTRICT
MANAGER, ROCKY MOUNTAIN
DISTRICT, MINE SAFETY
AND HEALTH ADMINISTRATION,
Respondents

                          ORDER OF DISMISSAL

Before: Judge Broderick

 On May 16, 1988, Complainant filed a motion to dismiss this

proceeding, based on a letter from counsel for MSHA to counsel for
Complainant, stating that the Administrator for Metal and Non-metal
Safety and Health, MSHA, would advise the District Managers that before
complaint correspondence is forwarded to state agencies, the forwarding
official should confirm that state agency will keep the names of miner
complainants confidential. The letter above referred to is made part of
the record in this case.

 Premises considered, the motion is GRANTED, and this proceeding is

DISMISSED.

                             James A. Broderick
                             Administrative Law Judge

Distribution:

J. Davitt McAteer, Esq., Occupational S&H Law Ctr., 1536 16th St., N.W.,
Washington, D.C. 20036 (Certified Mail)

James Holtkamp, Esq., VanCott, Bagley, Cornwall & McCarthy, 50 S. Main,
Suite 1600, Salt Lake City, UT 84145 (Certified Mail)

Thomas Mascolino, Esq., U.S. Department of Labor, Office of the Solicitor,
4015 Wilson Blvd., Arlington, VA 22203 (Certified Mail)

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