<DOC>
[DOCID: f:ct200087.wais]

 
SIDCO MINERALS
June 7, 2001
CENT 2000-87-DM


        FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
                 1730 K STREET, N.W., Room 6003
                  WASHINGTON, D. C. 20006-3867
                  Telephone No.:  202-653-5454
                  Telecopier No.: 202-653-5030


                          June 7, 2001

LUE A. WILSON,                : DISCRIMINATION PROCEEDING
               Complainant    :
                              : Docket No. CENT 2000-87-DM
                              : A. C. No.  SC MD 99-15
          v.                  :
                              :
SIDCO MINERALS,               :
               Respondent.    : Mine: Sidco Mine

                        ORDER OF DISMISSAL

Before: Judge Barbour

     On March 16, 2001, I issued an Order Lifting Stay, Order of
Assignment, and Order to Show Cause why the above captioned case
should not be dismissed.  This case had been stayed pending the
Commission's inquiry into the Complainant's allegations of
misconduct against Mr. Bryce Denny, attorney for the operator.
The Commission issued an order on November 2, 2000, terminating
Mr. Lue Wilson's complaint against Mr. Denny (22 FMSHRC 1289),
which led to the subsequent Order Lifting Stay in the present
case.

     The Complainant appears to allege that he was unlawfully
terminated from his job in 1992.  The Complainant did not file
his complaint of discrimination with the Secretary until July
1999.  This was long after the 60-day time limit required by the
Act.  The Commission has ruled that a late filing may be excused
on the basis of  "justifiable circumstance."  See Hollis v.
Consolidation Coal Co., 6 FMSHRC 21 (January 1984); Herman v.
IMCO Serv., 4 FMSHRC 2135 (December 1982).  In light of these
cases, I ordered the parties to show cause why this case should
not be dismissed as untimely.

     I have not received a response to my March 16, 2001 order.
Therefore, I find the record contains no explanation why this
case was late-filed and there being no justifiable circumstances
apparent for the late filing, it is ORDERED that this case is
DISMISSED.




                                   David F. Barbour
                                   Chief Administrative Law Judge


Distribution: (Certified Mail)

Mr. Lue A. Wilson, P. O. Box 133, Linden, TX 75563

Bryce J. Denny, Esquire, Cook, Yancey & Galloway, 333 Texas
Street, Suite 1700, P. O. Box 2260, Shreveport, LA 72210-2260

Page Jackson, Chief Investigation Division, MSHA, Metal/Non-
Metal, U.S. Department of Labor, 4015 Wilson Blvd., Arlington, 
VA 22203

/wd