Secretary of Labor obo Robert Baumann v. MOSenecaManufacturer, LLC d/b/a American Tripoli

Plain-English summary

The Commission granted American Tripoli's petition for discretionary review and combined it with a direction for review issued nine days earlier. It ordered the operator to file an opening brief addressing every issue raised in both review orders. The Secretary was directed to respond 30 days later, followed by the operator's reply 20 days after the response. The order set the briefing sequence but did not decide the merits of the discrimination case.

Decision snapshot

• Cited authority: 29 C.F.R. § 2700.75
• Outcome: The operator's petition for discretionary review was granted and combined with the earlier direction for review.
• Key point: The operator's opening brief had to address all issues raised by both the Commission's prior review order and the operator's petition.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW
COMMISSION

1331 PENNSYLVANIA
AVENUE, NW, SUITE 520N

WASHINGTON, D.C. 20004‑1710

:

SECRETARY OF LABOR, :

MINE SAFETY AND HEALTH
:

ADMINISTRATION (MSHA)
:

o/b/o ROBERT BAUMANN
:

                                              :

v. : Docket
No. CENT 2023-0251-DM

:

MOSENECAMANUFACTURER, LLC
:

d/b/a
AMERICAN TRIPOLI :

DIRECTION FOR REVIEW

The petition for discretionary review filed by Mosenecamanufacturer, LLC
doing business as American Tripoli (“American
Tripoli”) on June 21,
2024, is granted. This direction for review shall be combined with the direction
for review issued in this case on June 18, 2024. Therefore, the parties shall
file their briefs beginning 30 days from the date of this order in accordance
with the briefing schedule requirements in 29 C.F.R. § 2700.75.

Specifically, American Tripoli shall file its opening brief addressing
all issues raised in the June 18 direction for review and the June 21 petition
for discretionary review. The Secretary shall file her response brief 30 days
later also addressing all issues raised. The operator shall then file its reply
brief 20 days after that.

/s/ Mary Lu Jordan

Mary Lu Jordan, Chair

/s/ Marco M. Rajkovich, Jr.

Marco M. Rajkovich, Jr., Commissioner

/s/ Timothy J. Baker

Timothy J. Baker, Commissioner

/s/ Moshe Z. Marvit

Moshe Z. Marvit, Commissioner

Distribution
List:

Russell
Tidaback

Jordon
Tidaback

American
Tripoli

222
Oneida Street

Seneca,
MO 64865

[email protected]

[email protected]

Laura
O’Reilly, Esq.

U.S.
Department of Labor

2300
Main Street, Suite 10100

Kansas
City, MO 64108

[email protected]

Elaine
M. Smith, Esq.

Quinlan
B. Moll, Esq.

U.S.
Department of Labor

2300
Main St., Suite 10100

Kansas
City, MO 64108

[email protected]

[email protected]

Robert
Baumann

[email protected]

Susannah
M. Maltz, Esq.

U.S.
Department of Labor

Office
of the Solicitor

U.S.
Department of Labor

Mine
Safety and Health Division

201
12th Street South, Suite 401

Arlington, VA 22202-5452

[email protected]

Emily
Toler Scott, Esq.

Counsel
for Appellate Litigation

Office
of the Solicitor

U.S.
Department of Labor

Mine
Safety and Health Division

201
12th Street South, Suite 401

Arlington, VA 22202-5452

[email protected]

April
Nelson, Esq.

Associate
Solicitor

Office
of the Solicitor

U.S.
Department of Labor

Mine
Safety and Health Division

201
12th Street South, Suite 401

Arlington,
VA 22202-5452

[email protected]

Melanie
Garris

U.S.
Department of Labor

Office
of Civil Penalty Compliance

Mine
Safety and Health Review Commission

201
12th Street South, Suite 401

Arlington,
VA 222-2-5452

[email protected]

Administrative
Law Judge William B. Moran

Federal
Mine Safety and Health Review Commission

Office
of the Administrative Law Judges

1331
Pennsylvania Avenue, NW, Suite 520N

Washington,
DC 20004-1710

[email protected]

Chief
Administrative Law Judge Glynn F. Voisin

Federal
Mine Safety & Health Review Commission

Office
of the Administrative Law Judges

1331
Pennsylvania Avenue, NW, Suite 520N

Washington,
DC 20004-1710

[email protected]