[DOCID: f:k94-1274.wais] PONTIKI COAL CORPORATION March 10, 1995 KENT 94-1274-D FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES 2 SKYLINE, 10th FLOOR 5203 LEESBURG PIKE FALLS CHURCH, VIRGINIA 22041 March 10, 1995 SECRETARY OF LABOR, : DISCRIMINATION PROCEEDING MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), : Docket No. KENT 94-1274-D ON BEHALF OF CHARLES H. : DIXON, : PIKE CD 94-16 Complainant : Mine ID 15-09571 : v. : : PONTIKI COAL CORPORATION, : Respondent : AMENDED ORDER GRANTING PARTIAL DISMISSAL At hearings held March 9, 1995, on the Respondent's Motions to Dismiss, evidence by way of an affidavit from Charles H. Dixon was admitted indicating that he may have been a "representative of miners" at some time prior to April 15, 1994. Accordingly that part of the interlocutory Order issued February 6, 1995, which held that Complainant Dixon had not become a "representative of miners" before April 15, 1994, is amended by deletion. A determination as to when Mr. Dixon became a "representative of miners" (and the related determination of which alleged acts of discrimination may be considered) is, therefore, deferred until hearings on the merits or other appropriate proceedings at which a full evidentiary airing of the issue may be provided. Gary Melick Administrative Law Judge Distribution: Brian W. Dougherty, Esq., Office of the Solicitor, U.S. Dept. of Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN 37215-2862 Timothy M. Biddle, Esq., Thomas C. Means, Esq., Crowell & Moring, 1001 Pennsylvania Ave., N.W., Washington, D.C. 20004-2595 /jf