Eastern Associated Coal Company (Commission decision, September 2, 1980)

Plain-English summary

The Commission vacated an administrative law judge's decision in Eastern Associated Coal Company's HOPE 76-289 case. It sent the case back for reconsideration in light of its same-day decision in the company's HOPE 75-699 case. The judge was directed to enter a new decision consistent with that ruling. The brief remand decision states no civil penalty.

Decision snapshot

• Cited authority: The Commission's same-day decision in HOPE 75-699; no safety standard is cited.
• Outcome: Judge's decision vacated; case remanded for reconsideration and a new decision.
• Key point: The judge had to reconsider this case under the Commission's HOPE 75-699 ruling.

Full text (FMSHRC public release)

CCASE:
MSHA V. EASTERN ASSOC. COAL
DDATE:
19800902
TTEXT:
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION WASHINGTON, DC September 2, 1980 SECRETARY OF LABOR, MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. HOPE 76-289
v. IBMA 77-20
EASTERN ASSOCIATED COAL COMPANY
DECISION
The decision of the administrative law judge is vacated and the case is remanded for reconsideration in light of, and entry of a new decision consistent with, Eastern Associated Coal Co., Docket No. HOPE 75-699, IBMA 76-98 (September 2, 1980). Frank F. Jestrab, Commissioner A. E. Lawson, Commissioner Marian Pearlman Nease, Commissioner
~2475
Distribution
Thomas A. Mascolino, Esq.
U.S. Department of Labor
Office of the Solicitor
4015 Wilson Boulevard
Arlington, Virginia 22203
Mary Lu Jordan, Esq.
United Mine Workers of America
900 15th Street, N.W.
Washington, D.C. 20005
Nancy Sproul Bifulco
Eastern Associated Coal Corp.
1728 Koppers Building
Pittsburgh, Pennsylvania 15219
Administrative Law Judge Charles Moore
5203 Leesburg Pike, 10th Floor
Building 2
Falls Church, Virginia 22041