Eastern Associated Coal Corp. (Commission decision, March 16, 1982)

Plain-English summary

Eastern Associated Coal moved to dismiss a union appeal in six cases under the 1969 Coal Act. The Secretary agreed that payment of the assessed penalties had mooted the issues, and the union did not meaningfully oppose dismissal. The Commission declined to decide the cases because the parties no longer wished to pursue them and the relevant violation period had expired. It granted dismissal and vacated its oral-argument order without deciding whether the cases were legally moot.

Decision snapshot

• Cited standard(s): None identified in this procedural order.
• Outcome: Appeal dismissed; oral-argument scheduling order vacated.
• Key point: The Commission closed the appeal after penalties were paid and the parties stopped pursuing the dispute.

Full text (FMSHRC public release)

CCASE:
MSHA & UMWA V. EASTERN ASSOC. COAL
DDATE:
19820316
TTEXT:
FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION WASHINGTON, D.C. March 16, 1982 SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION (MSHA) Docket Nos. HOPE 75-778 HOPE 75-807
and
HOPE 76-9
HOPE 76-10
UNITED MINE WORKERS
HOPE 76-11
OF AMERICA
HOPE 76-12
v. IBMA 77-37

EASTERN ASSOCIATED COAL CORP.

ORDER
Eastern Associated Coal Corporation has filed a motion to dismiss the appeal of the United Mine Workers of America (UMWA) in the above-captioned cases which arose under the Federal Coal Mine Health and Safety Act of 1969, 30 U.S.C. $ 801 et seq. (1976)(amended 1977)("the 1969 Coal Act"). The Secretary concurs with Eastern's argument that its payment of penalties has mooted the issues. The UMWA does not, in essence, contest Eastern's motion. We are persuaded that dismissal is warranted in these 1969 Coal Act cases. The parties do not wish to pursue these cases. The time period involved in the chain of violations has long expired, and Eastern has paid the assessed penalties. In the interests of conserving scarce administrative resources, we decline to decide these cases under these circumstances. 1/ Eastern's dismissal motion is granted. We also vacate our order for oral argument in this case. A. E. Lawson Commissioner 1/ We need not, and do not, reach the issue of whether these cases are moot as a matter of law.