Ezel / Agency Decisions / west-89-21-dm-alj
FMSHRC ALJ decision Docket WEST 89-21-DM Decided March 20, 1989 Procedural Judge John J. Morris

Phelps Dodge Corporation

Phelps Dodge Corporation (FMSHRC WEST 89-21-DM): Discrimination complaint dismissed

Apply this to your situation

This order from 1989 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 1989
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

Randy G. Davis filed a discrimination complaint against Phelps Dodge Corporation in October 1988. He later told the judge by telephone that he wanted to drop the case but did not provide the written confirmation the judge requested. After a February 1989 order to show cause, served by certified mail, Davis still did not respond. Judge John J. Morris dismissed the complaint for failure to comply with the order.

Decision snapshot

  • Cited provision: None stated in the order.
  • Outcome: The discrimination complaint was dismissed.
  • Key point: The ALJ dismissed the case after the complainant failed to respond to an order to show cause.

Full text (FMSHRC public release)

CCASE:
RANDY DAVIS V. PHEPLS DODGE
DDATE:
19890320
TTEXT:

~381
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.)
Office of Administrative Law Judges

RANDY G. DAVIS, DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. WEST 89-21-DM
v.
MD 88-38
PHELPS DODGE CORPORATION,
RESPONDENT

                   ORDER OF DISMISSAL

Before: Judge Morris

 1. On October 21, 1988, Complainant Randy G. Davis filed his

complaint of discrimination herein.

 2. With his complaint he filed a note reading, in part, "We

are in the process of looking for an attorney, we will supplement
this appeal in the near future."

 3. In January 1989 complainant, in a telephone call, told

the judge that he desired to drop his case against respondent.
The judge directed complainant to confirm his request in writing.
No such written request was filed.

 4. On February 6, 1989, the judge issued an order to show

cause directing complainant to write to the judge and indicate
whether he desired to pursue his claim. Further, the order
indicated that if the judge received no correspondence he would
dismiss the case.

 5. The above order was served on complainant by certified

mail and complainant has failed to comply with the order.

 For the foregoing reasons, the complaint of discrimination

filed herein is dismissed.

                            John J. Morris
                            Administrative Law Judge

Get today's answer for your situation

You just read what one judge decided for one employer in 1989, and it binds only those parties. Ezel checks the current MSHA standards and Commission precedent and answers your specific situation, with citations.

Opens in Ezel Pro. Every answer cites the authority it relies on.