Island Creek Coal Company v. Secretary of Labor (MSHA) (Commission decision, May 20, 1982)

Plain-English summary

A federal appeals court returned four related Island Creek Coal Company cases to the Commission for further proceedings. The Commission sent all four cases to an administrative law judge to proceed consistently with the court’s order and another court decision. This order does not resolve the underlying disputes or assess a penalty.

Decision snapshot

• Cited standards: None identified in this order.
• Outcome: Case remanded to the administrative law judge; no penalty assessed.
• Key point: The Commission passed the appeals court’s remand to the judge for further proceedings.

Full text (FMSHRC public release)

CCASE:
ISLAND CREEK COAL V. MSHA
DDATE:
19820520
TTEXT:
FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION WASHINGTON, D.C. May 20, 1982 ISLAND CREEK COAL COMPANY

v. Docket Nos. KENT 79-216-R
WEVA 79-183-R
SECRETARY OF LABOR,
WEVA 79-184-R
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA)

SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA)

v. Docket No. WEVA 80-72

ISLAND CREEK COAL COMPANY

ORDER
In Secretary of Labor v. Island Creek Coal Co., No. 80-2201, D.C. Cir., April 27, 1982, the court remanded these cases to the Commission for further proceedings consistent with the court's decision in UMWA v. FMSHRC, Nos. 79-2503, etc., D.C. Cir., February 23, 1982. Accordingly, the cases are remanded to the administrative law judge for further proceedings consistent with the court's order.
~865
Island Creek Coal
KENT 79-216-R
Distribution
Ann S. Rosenthal, E&q.
Office of the Solicitor
U.S. Department of Labor
4015 Wilson Blvd.
Arlington, Virginia 22203
William R. Bodell, II
Island Creek Coal Company
P.0. Box 11430
Lexington, Kentucky 40575
Harrison Combs, Esq.
UMWA
900 15th St., N.W.
Washington, D.C. 20005
Administrative Law Judge Gary Melick
FMSHRC
5203 Leesburg Pike, lOth Floor
Falls Church, Virginia 22041