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

Plain-English summary

The Commission directed review on its own initiative of the ALJ's May 23, 2024 decision in Robert Baumann's case against American Tripoli. It identified a possible legal error concerning the meaning and application of the Mine Act's discrimination and interference protections. The review would also address whether those provisions are ambiguous and whether the Secretary's interpretation should receive deference. The order required briefing and did not decide the merits.

Decision snapshot

• Cited authority: 30 U.S.C. §§ 815(c) and 823(d)(2)(B); 29 C.F.R. §§ 2700.71 and 2700.75(a)
• Outcome: Sua sponte review was granted on the discrimination, interference, ambiguity, and deference issues.
• Key point: The Commission called for review of how section 105(c)'s discrimination and interference provisions should be interpreted and applied.

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

Pursuant to Commission Procedural Rule 71, 29 C.F.R. §
2700.71, and section 113(d)(2)(B) of the Federal Mine Safety and Health Act of
1977, 30 U.S.C. § 823(d)(2)(B), the undersigned Commissioners vote to grant sua
sponte review of the Administrative Law Judge’s May 23, 2024 decision issued
in the above-named case.

Review is directed on the grounds that the decision
may be contrary to law. Specifically, we order review of whether the Judge’s decision is contrary to law regarding the meanings
and applications of the “discrimination” and “interference” provisions in complaints
brought pursuant to §105(c) of the Mine Act, 30 U.S.C. § 815(c), and whether
the provisions are ambiguous and deserving of deference to the Secretary’s
interpretation.

The parties shall file briefs in accordance with 29
C.F.R. § 2700.75(a).

/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 Chief Administrative Law Judge

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 Chief Administrative Law Judge

1331
Pennsylvania Avenue, NW, Suite 520N

Washington,
DC 20004-1710

[email protected]