National Mines Corporation v. Secretary of Labor (MSHA) (Commission decision, May 20, 1982)

Plain-English summary

A federal appeals court returned National Mines Corporation's case to the Commission for further proceedings consistent with another court decision. The Commission then sent the case to an administrative law judge for proceedings consistent with the court's order. This brief order does not describe the underlying mine citation or decide its merits. It assesses no 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:
NATIONAL MINES V. MSHA
DDATE:
19820520
TTEXT:
FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION WASHINGTON, D.C. May 20, 1982 NATIONAL MINES CORPORATION

v. Docket No. KENT 80-130-R

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

ORDER
In Secretary of Labor v. Island Creek Coal Co., et al., Nos. 80-2405, etc., D.C. Cir., April 27, 1982, the court remanded this case 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, this case is remanded to the administrative law judge for further proceedings consistent with the court's order. Richard V. Backley, Commissioner Frank F. Jestrab, Commissioner
~855
National Mines Corp.
KENT 80-130-R
Distribution
Ann S. Rosenthal, Esq.
Office of the Solicitor
U.S. Department of Labor
4015 Wilson Blvd.
Arlington, Virginia 22203
Robert L. Elliot, Esq.
Harbison, Kessinger, Lisle & Bush
400 Bank of Lexington Building
Lexington, Kentucky 40507
Harrison Combs, Esq.
UMWA
900 15th St., N.W.
Washington, D.C. 20005
Administrative Law Judge Richard Steffey FMSHRC 5203 Leesburg Pike, lOth Floor Falls Church, Virginia 22041