Nally & Hamilton Enterprises, Inc.

Plain-English summary

The Commission had reversed an ALJ decision that vacated a citation issued to Nally & Hamilton Enterprises. The company petitioned for reconsideration and asked the Commission to stay the effect of that decision. After considering the petition, the Commission denied both reconsideration and a stay.

Decision snapshot

• Governing provisions: 29 C.F.R. § 2700.78(a) and (b)
• Outcome: The petition for reconsideration and request for a stay were denied.
• Key point: The Commission left its August 11, 2011 reversal in effect without reconsideration or a stay.

Full text (FMSHRC public release)

Federal Mine Safety and Health Review Commission

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

601 NEW JERSEY AVENUE, NW

SUITE 9500

WASHINGTON, DC 20001

August 24, 2011

SECRETARY OF LABOR,

MINE SAFETY AND HEALTH

ADMINISTRATION (MSHA)

v.

NALLY & HAMILTON ENTERPRISES, INC.

:

:

:

:

:

:

:

Docket No. KENT 2008-712

A.C. No. 15-19076-141789-01

Before: Jordan, Chairman; Duffy, Young, Cohen, and Nakamura, Commissioners

ORDER

BY THE COMMISSION:

This matter arises under the Federal Mine Safety and Health Act of 1977, 30 U.S.C.
§ 801 et seq. (2006). On August 11, 2011, the Commission issued a decision reversing the
judge’s decision to vacate a citation issued to Nally & Hamilton Enterprises, Inc. (“Nally”) by the
Mine Safety and Health Administration. 33 FMSHRC __, Docket No. KENT 2008-712
(Aug. 11, 2011). On August 18, 2011, the Commission received from Nally a Petition for
Reconsideration of its August 11 decision pursuant to Commission Procedural Rule 78(a), 29
C.F.R. § 2700.78(a), and a request that the filing of its petition stay the effects of the decision.
See 29 C.F.R. § 2700.78(b).

Upon consideration of the petition, we hereby deny Nally’s request for reconsideration
and its request to stay the effect of the August 11, 2011, decision.  

Mary Lu Jordan, Chairman

Michael F. Duffy, Commissioner

Michael G. Young, Commissioner

Robert F. Cohen, Jr., Commissioner

Patrick K. Nakamura, Commissioner

Distribution:

C. Bishop Johnson, Esq.

Cawood & Johnson, PLLC

108 W. Kentucky Ave.

P.O. Box 128

Pineville, KY 40977

Robin Rosenbluth, Esq.

Office of the Solicitor

U.S. Department of Labor

1100 Wilson Blvd., Room 2228

Arlington, VA 22209

W. Christian Schumann, Esq.

Office of the Solicitor

U.S. Department of Labor

1100 Wilson Blvd., Room 2220

Arlington, VA 22209-2296

Melanie Garris

Office of Civil Penalty Compliance

MSHA

U.S. Dept. Of Labor

1100 Wilson Blvd., 25th Floor

Arlington, VA 22209-3939

Administrative Law Judge Jerald F. Feldman

Federal Mine Safety & Health Review Commission

Office of Administrative Law Judges

601 New Jersey Avenue, N.W., Suite 9500

Washington, D.C. 20001-2021