Ezel / Agency Decisions / kent-2003-313-d-alj-2
FMSHRC ALJ decision Docket KENT 2003-313-D Decided August 5, 2003 Procedural Judge Gary Melick

Cave Spur Coal Company, LLC, Panther Mining, LLC, and Black Mountain Resources, LLC

Cave Spur Coal Company, LLC, Panther Mining, LLC, and Black Mountain Resources, LLC (FMSHRC KENT 2003-313-D): Additional service ordered during solicitor's absence

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This order from 2003 bound only the parties to this case; it isn't precedent. Ask about your situation and see what the current MSHA standards and Commission precedent say, with citations.

Currency note: this decision dates from 2003
The MSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final ALJ decision, not Commission precedent
This decision became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because the Commission did not direct review. It binds the parties but is not binding on the Commission in other cases. The full text below is from the official FMSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official FMSHRC release. The full text is the agency's own release.
Read the official release (fmshrc.gov)

Plain-English summary

The Secretary of Labor brought a discrimination proceeding on behalf of Charles Scott Howard against Cave Spur Coal, Panther Mining, and Black Mountain Resources. The Secretary's Nashville counsel reported that he would be on extended vacation and otherwise engaged from August 11 through September 24, 2003, and asked that no proceedings be scheduled during that period. Judge Gary Melick ordered that pleadings, notices, and other matters be served on both that attorney and Theresa Ball, who was in charge of the Nashville Solicitor's Office. The order was intended to ensure that the Secretary remained represented while counsel was absent.

Decision snapshot

  • Governing provision: 30 U.S.C. § 815(c)
  • Outcome: The judge ordered additional service on the absent counsel and the attorney in charge of the Nashville Solicitor's Office.
  • Key point: Expedited discrimination proceedings were not to be delayed because assigned counsel was unavailable.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES

601 New Jersey Avenue, NW, Suite 9500
Washington, DC 20001

August 5, 2003

SECRETARY OF LABOR, : DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), on behalf of : Docket No. KENT 2003-313-D
CHARLES SCOTT HOWARD, : BARB CD 2003-07
Complainant :
v. : Cave Spur No. 1
: Mine ID 15-18197
CAVE SPUR COAL, LLC, and PANTHER :
MINING, LLC, and BLACK MOUNTAIN : Cave Spur No. 1
RESOURCES, LLC., : Mine ID 15-18198
Respondent

ORDER TO PROVIDE ADDITIONAL SERVICE

Mr. J. Phillip Giannikas of the Nashville Office of the Solicitor has reported that he will be on extended vacation and otherwise engaged from August 11, 2003 through September 24, 2003, and asks that no proceedings be scheduled in this case for that period. It is unacceptable that Commission proceedings expedited under Section 105(c) of the Federal Mine Safety and Health Act of 1977, be delayed under such circumstances. Accordingly, during the period of Mr. Giannikas' absence all pleadings, notices and other matters in this case will be served upon Mr. Giannikas as well as to Theresa Ball, who is in charge of the Nashville Solicitor's Office, to assure that the Secretary is appropriately represented during Mr. Giannikas' absence.

Gary Melick

Administrative Law Judge

(202) 434-9977

Distribution: (Facsimile and First Class Mail)

Theresa Ball, Esq., Regional Solicitor, Office of the Solicitor, U.S. Dept. of Labor, 1100 Wilson Blvd., 22nd Floor West, Arlington, VA 22209

Mark Malecki, Esq., Counsel for Trial Litigation, U.S. Dept. of Labor, Office of the Solicitor, Mine Safety and Health Division, 1100 Wilson Blvd., 22nd Floor, Arlington, VA 22209-2296

Stephen A. Sanders, Esq., Appalachian Citizens Law Center, Inc., 207 W. Court St., Suite 202, Prestonsburg, KY 41653-7725

Stephen M. Hodges, Esq., 208 Main Street, Abingdon, VA 24210-2904

\mca

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