SECRETARY OF LABOR, : DISCRIMINATION PROCEEDING MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), on behalf of : Docket No. KENT 2003-313-D CHARLES SCOTT HOWARD, : BARB CD 2003-07 Complainant : v. : Cave Spur No. 1 : Mine ID 15-18197 CAVE SPUR COAL, LLC, and PANTHER : MINING, LLC, and BLACK MOUNTAIN : Cave Spur No. 1 RESOURCES, LLC., : Mine ID 15-18198 Respondent
ORDER TO PROVIDE ADDITIONAL SERVICE
Mr. J. Phillip Giannikas of the Nashville Office of the Solicitor has reported that he will be on extended vacation and otherwise engaged from August 11, 2003 through September 24, 2003, and asks that no proceedings be scheduled in this case for that period. It is unacceptable that Commission proceedings expedited under Section 105(c) of the Federal Mine Safety and Health Act of 1977, be delayed under such circumstances. Accordingly, during the period of Mr. Giannikas' absence all pleadings, notices and other matters in this case will be served upon Mr. Giannikas as well as to Theresa Ball, who is in charge of the Nashville Solicitor's Office, to assure that the Secretary is appropriately represented during Mr. Giannikas' absence.
Gary Melick
Administrative Law Judge
(202) 434-9977
Distribution: (Facsimile and First Class Mail)
Theresa Ball, Esq., Regional Solicitor, Office of the Solicitor, U.S. Dept. of Labor, 1100 Wilson Blvd., 22nd Floor West, Arlington, VA 22209
Mark Malecki, Esq., Counsel for Trial Litigation, U.S. Dept. of Labor, Office of the Solicitor, Mine Safety and Health Division, 1100 Wilson Blvd., 22nd Floor, Arlington, VA 22209-2296
Stephen A. Sanders, Esq., Appalachian Citizens Law Center, Inc., 207 W. Court St., Suite 202,
Prestonsburg, KY 41653-7725 Stephen M. Hodges, Esq., 208 Main Street, Abingdon, VA 24210-2904 \mca