Ezel / Agency Decisions / WEVA 86-266-D

Victor L. Taylor v. Phoenix Resources, Inc. (ALJ decision, September 26, 1986)

Victor L. Taylor v. Phoenix Resources, Inc. (FMSHRC WEVA 86-266-D): Discrimination complaint dismissed after missed hearing

Decision type
ALJ decision
Docket
WEVA 86-266-D
Decided
September 26, 1986
Presiding judge
James A. Broderick
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

Victor L. Taylor brought a discrimination complaint against Phoenix Resources, Inc. He did not appear for the scheduled September 4, 1986 hearing. Judge James A. Broderick ordered him to explain his absence by September 19, but he did not respond. The judge dismissed the complaint and the proceeding without addressing the merits of the discrimination claim.

Decision snapshot

  • Cited standard: None specified in the order.
  • Outcome: Complaint and proceeding dismissed after the complainant missed the hearing and did not answer a show-cause order.
  • Key point: The dismissal rested on the complainant's failure to prosecute the case.

Full text (FMSHRC public release)

CCASE:
VICTOR TAYLOR V. PHOENIX RESOURCES
DDATE:
19860926
TTEXT:

~1451

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

VICTOR L. TAYLOR,
DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. WEVA 86-266-D v.
MORG CD 86-6
PHOENIX RESOURCES, INC.,
RESPONDENT

ORDER OF DISMISSAL

Appearances: Larry Leffel, Mine Superintendent, for Respondent.

Before: Judge Broderick

On September 5, 1986, I issued an order to Complainant to show cause on or before September 19, 1986 why his complaint should not be dismissed because of his failure to appear at the hearing in Elkins, West Virginia on September 4, 1986.
Complainant has not responded to the order to show cause.

Therefore, the complaint and this proceeding are DISMISSED.

James A. Broderick
Administrative Law Judge

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