Ezel / Agency Decisions / YORK 89-41-DM

Cargill, Inc. (ALJ decision, January 12, 1990)

Wilbur Hartley v. Cargill, Inc. (FMSHRC YORK 89-41-DM): Complaint dismissed by default

Decision type
ALJ decision
Docket
YORK 89-41-DM
Decided
January 12, 1990
Presiding judge
William Fauver
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-16
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1990 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 1990
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

Wilbur Hartley's discrimination proceeding against Cargill, Inc. concerned the Cargill Salt Mine. The Judge had ordered Hartley to file a prehearing statement after continuing the proceeding and later issued a show-cause order when the statement was not filed. Hartley did not respond to the show-cause order, so the Judge held him in default and dismissed the complaint.

Decision snapshot

  • Cited standard(s): None stated in the decision.
  • Outcome: The discrimination complaint was dismissed.
  • Key point: Failure to respond to an order to show cause led to a default dismissal.

Full text (FMSHRC public release)

CCASE:
WILBUR HARTLEY V. CARGILL
DDATE:
199001012
TTEXT:

Page 2

~100
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

WILBUR HARTLEY,
DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. YORK 89-41-DM v.
MD 89-19
CARGILL, INC.,
RESPONDENT
Cargill Salt Mine

DEFAULT DECISION

Before: Judge Fauver

On November 16, 1989, because of Complainant's failure to file a prehearing statement required by an Order of Continuance dated September 26, 1989, a show cause order was issued allowing Complainant until December 4, 1989 to file a prehearing statement or show cause why his Complaint should not be dismissed.

Complainant has failed to file a response to the show cause order, and is hereby held in default.

ORDER

WHEREFORE IT IS ORDERED that the Complaint is DISMISSED.

William Fauver
Administrative Law Judge

What applies to your situation today?

This order bound one employer. Ezel checks the current MSHA standards and Commission precedent against your facts, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace