Shady Lane Coal Company (ALJ decision, December 30, 1992)

Plain-English summary

The Secretary moved to dismiss consolidated contest and civil penalty proceedings against Shady Lane Coal Company after the company and its principal entered plea agreements concerning dust-sample falsification. The release states that Triangle Research admitted falsifying dust samples and that two people associated with it were convicted and sentenced. The Secretary agreed to seek dismissal of the pending civil penalty proceedings as part of the plea agreement. Judge James A. Broderick concluded that dismissal effectuated the purposes of the Mine Act and dismissed the proceedings.

Decision snapshot

• Cited standards: None identified by section in the release
• Outcome: The consolidated contest and civil penalty proceedings were dismissed.
• Key point: The judge approved dismissal after considering the criminal plea agreements and the Secretary's agreement to dismiss the pending Mine Act proceedings.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

SHADY LANE COAL COMPANY, ) CONTEST PROCEEDINGS Contestant )
v. ) Master Docket No. 91-1
) Docket No. VA 91-367-R
SECRETARY OF LABOR, ) through VA 91-368-R
MINE SAFETY AND HEALTH )
ADMINISTRATION (MSHA), ) Citation Nos. 9861503
Respondent ) through 9861504; 4/4/91
)
) Mine No. 3
) Mine ID 44-06549
)
SECRETARY OF LABOR,
) CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH )
ADMINISTRATION (MSHA), ) Docket No. VA 91-491 Petitioner ) A.C. No. 44-06549-03507D
v. )
) Mine No. 3
SHADY LANE COAL COMPANY, )
Respondent )

ORDER OF DISMISSAL

Before: Judge Broderick

On December 17, 1992, the Secretary filed a motion to dismiss these proceedings on the grounds that on August 9, 1991, Respondent Shady Lane Coal Company, and Ted Osborne, Jr., principal of Shady Lane Coal Company, entered into plea agreements, agreeing to plead guilty to charges of conspiracy to defraud an agency of the United States in connection with the civil violations charged herein. Respondent contracted with Triangle Research to handle its dust sampling program. Triangle's principal and agent admitted falsifying the samples submitted to MSHA and admitted that on numerous occasions they blew air on the filter surfaces of manufactured dust samples. Harry White and Ronald Ellis of Triangle have been convicted of defrauding the government and have been sentenced to prison. Respondent provided Triangle with signed blank dust data cards which were submitted to MSHA with the samples.

On September 1, 1992, Judge James C. Turk of the Western District of Virginia sentenced Shady Lane Coal Company to pay a fine of $30,000 of which $15,000 was suspended and to 2 years probation. Ted Osborne, Jr. was sentenced to pay a fine of $5,000, to 2 years probation, and to 2 months home confinement. As part of the plea agreement the Secretary agreed to move to dismiss pending civil penalty proceedings against Respondent for violations of the laws governing the dust sampling program.

I conclude that under the circumstances dismissal of these proceedings effectuates the purposes of the Mine Act.

Accordingly, these proceedings are DISMISSED.

James A. Broderick
Administrative Law Judge

Distribution:

Douglas White, Esq., Mark R. Malecki, Esq., Office of the Solicitor, U.S. Department of Labor, 4015 Wilson Boulevard, Suite 400, Arlington, VA 22203 (Certified Mail)

Ronald L. King, Esq., Robertson, Cecil, King & Pruitt, 237 Main Street, Drawer 1560, Grundy, VA 24614 (Certified Mail)

Hand delivered to Lead Defense Counsel Committee