Secretary of Labor on behalf of Arnold J. Sparks, Jr. v. Allied Chemical Corporation (Commission decision, December 6, 1979)

Plain-English summary

The Secretary of Labor brought a complaint against Allied Chemical Corporation on behalf of Arnold J. Sparks, Jr. The Commission reversed the judge's decision, vacated his order, and dismissed the complaint. Its brief majority decision cites Helen Mining Co. and Kentland-Elkhorn Coal Corp. without stating the underlying facts or explaining the basis for dismissal here. Two commissioners dissented by referring to their dissents in those cases. The release states no penalty or other remedy.

Decision snapshot

• Cited standard(s): No mine safety standard is identified; this was a discrimination complaint.
• Outcome: Judge's order vacated and complaint dismissed. No penalty stated.
• Key point: The majority relied on two other decisions but gave no independent reasoning in this release.

Full text (FMSHRC public release)

CCASE:
MSHA & ARNOLD SPARKS V. ALLIED CHEMICAL
DDATE:
19791206
TTEXT:

FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION WASHINGTON, D.C.
December 6, 1979

SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA)

on behalf of
ARNOLD J. SPARKS, JR.

v. Docket No. WEVA 79-148-D

ALLIED CHEMICAL CORPORATION

DECISION

The decision of the administrative law judge is reversed; his
order is vacated, and the complaint is dismissed. Helen Mining Co.,
No. PITT 79-11-P (November 21, 1979). See also Kentland-Elkhorn Coal
Corp., No. PIKE 78-399 (November 30, 1979).

Jerome R. Waldie, Chairman

Richard V. Backley,
Commissioner

Marian Pearlman Nease,
Commissioner

Commissioners Jestrab and Lawson, dissenting:

We dissent for the reasons stated in our dissent opinions in
Helen Mining Co., No. PITT 79-11-P (November 21, 1979, and

Kentland-Elkhorn Coal Corp., No. PIKE 78-399 (November 30, 1989).