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1983 FMSHRC [1] (1983)

handle is hein.usfed/fmshr1983 and id is 1 raw text is: CCASE: JOSEPH HERMAN V. IMCO SERVICES DDATE: 19830127 TTEXT: FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION WASHINGTON, D.C. January 27, 1983 JOSEPH W. HERMAN v. Docket No. WEST 81-109-DM IMCO SERVICES ORDER On December 15, 1982, the Commission issued its decision in this case affirming the administrative law judge's dismissal of Joseph W. Herman's discrimination complaint as untimely filed under section 105(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. $ 815(c). On January 18, 1983, we received a document filed by Mr. Herman. We construe the document to be a request for reconsideration of the Commission's decision. 29 C.F.R. $ 2700.75. We find no merit in the request and, accordingly, it is denied. We note Mr. Herman's request for an appeal ... to the next judicial court available to me. We can take no action regarding this request. If complainant desires to appeal the Commission's decision to a United States Court of Appeals, the appropriate procedures set forth in section 106(a)(1) of the Act (30 U.S.C. $ 816(a)(1)) and the Federal Rules of Appellate Procedure must be followed by him. ~2 Distribution Joseph W. Herman 3525 San Mateo Ave. Reno, Nevada 89509 Richard 0. Kwapil, Jr., Esq. Woodburn, Wedge, Blakey and Jeppson First Interstate Bank Bldg., 16th Fl. One East First St. Reno, Nevada 89509 Administrative Law Judge John Morris Fed. Mine Safety & Health Rev. Commission 333 West Colfax Avenue, Suite 400 Denver, Colorado 80204

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