Secretary of Labor on behalf of Regald Robbins v. Alden Resources, LLC (ALJ decision, October 2, 2014)

Plain-English summary

Regald Robbins had been temporarily reinstated at Alden Resources' Mine #3. The company later shut the mine down while it investigated whether enough low-ash coal remained to support further production, laying off Robbins and 43 other miners. Robbins did not oppose tolling the reinstatement order during the shutdown. Judge James G. Gilbert granted tolling effective September 8, 2014 and required the company to report every 30 days on the mine's status. If operations resumed, Robbins had to be returned to his position immediately and could not be displaced by another laid-off miner without good cause.

Decision snapshot

• Governing authority: 30 U.S.C. § 815(c)(2)
• Outcome: Temporary reinstatement was tolled during the shutdown, with monthly reporting and immediate return required if mining resumed.
• Key point: Temporary reinstatement may be paused during a genuine mine-wide layoff, while preserving the miner's priority to return when operations restart.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH
REVIEW COMMISSION

OFFICE OF
ADMINISTRATIVE LAW JUDGES

1331 PENNSYLVANIA
AVE., N.W., SUITE 520N

WASHINGTON, DC
20004-1710

TELEPHONE:
202-434-9950 / FAX: 202-434-9949

October 2, 2014

SECRETARY
OF LABOR

MINE
SAFETY AND HEALTH   

ADMINISTRATION
(MSHA), on behalf

of
REGALD ROBBINS,

Complainant,

v.

ALDEN
RESOURCES, LLC,             

Respondent.

TEMPORARY
REINSTATEMENT PROCEEDING

Docket
No. KENT 2014-594-D

BARB-CD-2014-04

Mine
ID: 15-17691

Mine:
Mine #3

ORDER ON MOTION
TO TOLL TEMPORARY REINSTATEMENT ORDER

This
case is before me upon an application for temporary reinstatement pursuant to section 105(c)(2) of the Federal Mine Safety and Health Act of 1977 “(Mine Act”), 30 U.S.C. § 815(c). On July 28, 2014, I granted the Secretary’s Motion for Temporary Reinstatement after a hearing conducted in Louisville, Kentucky on July 22, 2014.

On September 19, 2014, Respondent filed
a Motion to Toll Temporary Reinstatement Order, informing me that the mine where Complainant is employed is in a temporary shutdown and that while several personnel remained on the payroll, 44 of the miners, including Complainant, were informed that they were to be laid off on September 8, 2014.

On September 29, 2014, the Secretary
filed a response to Respondent’s motion stating that the Complainant did not wish to oppose Respondent’s motion.

On October 2, 2014, I held a telephone
conference with the parties to hear further argument on the motion. Mr. Shelton explained that the shutdown related to the recent discovery that the mine was no longer producing low ash coal, and that the temporary shutdown was needed to determine whether the mine might yield more low ash coal after further production. The mine is conducting drilling operations to make an assessment as to the viability of further production. No decision has been made by Respondent on the likelihood that the mine will return to the production of low ash coal in the near future. Both Mr. Oppegard and Ms. Gregory represented that Complainant did not oppose the motion.

As Complainant does not oppose the
motion, Respondent’s Motion to Toll Temporary Reinstatement Order is GRANTED. The tolling is effective September 8, 2014, and shall remain in effect until future Order of this Court.

In granting the motion, I HEREBY
ORDER that Respondent file with me a status report on the investigation of the future production of the mine and any information related to potential re-opening of the mine every thirty days commencing on November 1, 2014.

If the mine returns to operation at any
time, it is HEREBY ORDERED that Complainant be returned to his position immediately upon the commencement of operations. Absent good cause, none of the other miners laid off as the result of the above described action shall take precedence over Complainant upon the return to mining operations at the mine.

/s/ James G. Gilbert

James G. Gilbert

Administrative Law Judge

Distribution:
(Electronic email)

Billy
Shelton, Esq., Jones, Walters, Turner & Shelton, PLLC, 151 N. Eagle Creek Drive, Suite 310, Lexington, KY 40509; [email protected]

Angele Gregory, Esq., U.S. Department of Labor,
Office of the Solicitor, 618 Church Street, Suite 230, Nashville, TN 37219; [email protected]

Regald
Robbins, 227 Kent Road, Harrogate, TN 37752

Tony
Oppegard, Esq., P.O. Box 22446, Lexington, KY 40522; [email protected]

Wes
Addington, Esq., Appalachian Citizens Law Center, 317 Main Street, Whitesburg, KY 41858; [email protected]