FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
OFFICE OF ADMINISTRATIVE LAW JUDGES
601 NEW JERSEY AVENUE, N.W., SUITE 9500
WASHINGTON, DC 20001-2021
TELEPHONE: 202-434-9958 / FAX: 202-434-9949
November 21, 2007
VURNUN EDWURD JAXUN,
Complaintant v. ASARCO, LLC Respondent |
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DISCRIMINATION PROCEEDING Docket No. WEST 2007-811-DM RM MD 2006-06 San Mission Mine Mine ID 02-00135 |
AMENDED
ORDER DENYING REQUEST FOR REASSIGNMENT
ORDER DENYING STAY OF ASSIGNMENT ORDER
ORDER TO FILE COMPLAINT
My November 8, 2007 order is amended as follows (amended language is in bold italics):
Jaxun’s request for reassignment is DENIED, and, as Jaxun has provided no basis for a stay, the request for stay of the Order of Assignment is also DENIED. This case will proceed pursuant to the Mine Act and the Commission’s Procedural Rules.
In addition, as Docket No. WEST 2007-811-DM is a new case before the Commission, Jaxun is ORDERED to submit the following within 30 days of the date of this order:
1. A copy of the original complaint to the Mine
Safety and Health Administration (MSHA).
2. A copy of the return receipt (green card) from
delivery of the complaint to the mine operator.
If he has not done so already, Jaxun must send the
complaint to the operator by certified mail, return
receipt requested. A note to the operator should be
enclosed indicating Jaxun’s disagreement with MSHA's
determination and stating that he is requesting the
Commission’s review of the case.
3. A statement of the relief sought, such as
4. A copy of the letter from MSHA stating that its
investigation determined that a discrimination did
not occur.
Jaxun’s 30-day time period begins from the date of this order rather than the date of the November 8 order.
Robert J. Lesnick
Chief Administrative Law Judge
Distribution:
Hugh Thatcher, Esq., Patton Boggs, LLP, 1801 California Street, Suite 4900, Denver, CO 80202
Vurnun Edwurd Jaxun, 5357 N. Fort Yuma Trail, Tucson, AZ 85750-5030
/mvw