.
AMES CONSTRUCTION COMPANY
December 15, 1995
WEST 95-373-DM


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                    1730 K STREET N.W., 6TH FLOOR

                       WASHINGTON,  D.C.  20006


                          December 15, 1995

 OLIVER J. BOUTET,              :  DISCRIMINATION PROCEEDING
                Complainant    :
               v.              :  Docket No. WEST 95-373-DM
AMES CONSTRUCTION COMPANY,     :  WE MD 95-07
                Respondent     :
                               :  Barrick Goldstrike Mine

                           ORDER OF DISMISSAL

Before: Judge Merlin

      On May 15, 1995, the complainant, Oliver J. Boutet, filed
with the Commission a complaint of discrimination under section
105(c) of the Federal Mine Safety and  Health Act  of  1977. On
May 17, 1995, the Commission sent Mr. Boutet a letter informing
him that additional information was needed to be filed in order 
for his case to be processed.

      Having received no response to the May 17 letter, an order
to  show  cause  was  issued  to  Mr. Boutet on  June  27, 1995, 
directing him to submit  the  information.  Mr. Boutet  was told
that if he failed to respond to the June 27 order his complaint
would be dismissed.  The order was sent to Mr. Boutet certified 
mail return receipt requested but was returned to the Commission
marked unclaimed.

      On October 18, 1995, a second order to show cause was sent
to Mr. Boutet because a review of the  file showed that both the
May 17 letter and June 27 order to  show  cause  were  mailed to
Mr. Boutet at the address listed on the letter that had been sent
by MSHA advising Mr. Boutet that no discrimination occurred. This
was an error because  Mr. Boutet's  letter  of complaint  to the 
Commission lists a  different address. Given the  discrepancy in 
the mailing address, a new  show cause order was  issued and the 
Complainant was furnished with copies of the May 17 letter and 
the June 27 show cause order.  The October 18  order  was  sent 
certified mail return receipt requested but was returned to the
Commission marked "Attempted not known, Insufficient address". 
A handwritten  notation on the envelope indicates that a suite
number was necessary  for this address.  On December 13, 1995,
my law  clerk  attempted to  contact  Mr.Boutet by  telephone.  
However, no phone number was listed for him in the Reno, Nevada
area.

      Under Commission  rule  2700.7(c),  29 C.F.R. § 2700.7(c),
service is complete  upon mailing  when sent by  certified mail. 
See,  Matter  of  Park  Nursing  Center,  Inc.,  766  F.2d  261 
(6th Cir. 1985);  Cf.  Fed. R. Civ. P.4(c)(2)(C)(ii), 5(b).

      In  light  of  the  foregoing, it  is  ORDERED  that  the 
discrimination  complaint  be  DISMISSED.


                               Paul Merlin
                               Chief Administrative Law Judge


Distribution: (Certified Mail)

Mr. Oliver Boutet, 1150 Terminal Way, Reno, NV 89502

Ames Construction Company, 2001 Griffin, Carlin, NV 89822

/gl