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1990 FMSHRC [1] (1990)

handle is hein.usfed/fmshr1990 and id is 1 raw text is: CCASE: KATHLEEN TARMANN V. INTERNATIONAL SALT DDATE: 19900108 TTEXT: FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION WASHINGTON, D.C. January 8, 1990 KATHLEEN I. TARMANN v. Docket No. LAKE 89-56-DM INTERNATIONAL SALT COMPANY BEFORE: Ford, Chairman; Backley, Doyle, Lastowka, and Nelson, Commissioners DIRECTION FOR REVIEW AND ORDER BY THE COMMISSION: This discrimination proceeding arises under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. $ 801 et seq. (1982)(Mine Act). On November 30, 1989, Commission Administrative Law Judge Avram Weisberger issued an Order of Dismissal based on the failure of the complainant, Kathleen I. Tarmann, to respond to the judge's Order to Show Cause why the case should not be dismissed in view of its reported settlement. On December 18, 1989, following issuance of the dismissal order, Tarmann's counsel filed with Judge Weisberger a Brief in Opposition to Dismissal, requesting that the case be reinstated on the grounds that settlement had not, in fact, been reached and that counsel had never ... communicated that it had been reached. On December 20, 1989, respondent International Salt Company (International Salt) filed with Judge Weisberger a Memorandum in Response supported by an affidavit, asserting that a settlement had been reached and opposing reinstatement of the case. Under the circumstances presented, we deem complainant's Brief in Opposition to Dismissal to constitute a timely petition for discretionary review, which we grant. We vacate the judge's dismissal order, and remand for further proceedings. On February 27, 1988, Tarmann filed with the Commission a

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