Secretary of Labor (MSHA) v. Pontiki Coal Corporation (Commission decision, May 23, 1984)

Plain-English summary

During review of a proceeding involving Pontiki Coal Corporation, an administrative law judge asked to intervene and to have the matter remanded. The Commission denied both motions as unauthorized and struck the judge's related filings and the Secretary's responses from the record. It also struck an affidavit and memorandum attached to the Secretary's petition for discretionary review because they had not been before the judge. The Commission said it had referred serious allegations in the judge's submissions to the Attorney General. This order did not decide the underlying dispute.

Decision snapshot

• Cited standard(s): No mine safety standard is cited; the order cites 30 U.S.C. § 823(d)(2)(C) on the review record.
• Outcome: Intervention and remand motions denied; specified filings struck from the record. The underlying review remains pending.
• Key point: The Commission excluded materials outside the record before the judge and rejected the judge's attempts to intervene and seek a remand.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. PONTIKI COAL
DDATE:
19840523
TTEXT:
FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION WASHINGTON, D.C. May 23, 1984 SECRETARY OF LABOR, MINE SAFETY AND HEALTH Docket Nos. KENT 83-181-R
ADMINISTRATION (MSHA)
KENT 83-182-R
KENT 83-183-R
v. KENT 83-184-R
KENT 83-256
PONTIKI COAL CORPORATION
KENT 83-262

ORDER
The administrative law judge's motion for leave to intervene and his motion for a remand are denied as unauthorized. Canterbury Coal Co., 1 FMSHRC 335 (1979); Cf. Peabody Coal Co., 2 FMSHRC 1035 (1980); Penn Allegh Coal Co., Docket No. PITT 79-97-P (Order, January 3, 1979). Accordingly, the following documents are struck from the record in this proceeding: (1) the judge's motion to intervene and the accompanying opposition to the Secretary's petition for discretionary review; (2) the Secretary's opposition to motion for leave to intervene; (3) the judge s response to the Secretary's opposition; (4) the judge's motion to remand; (5) the Secretary's opposition to motion to remand; and (6) the judge's response to the Secretary's opposition. Also, the affidavit and memorandum attached to the Secretary's petition for discretionary review are struck as not being part of the record before the judge. 30 U.S.C. $ 823(d)(2)(C). In view of the serious allegations contained in the judge's submissions, the Commission has, by letter dated May 18, 1984, brought the information contained in the documents struck from this record to the attention of the Attorney General of the United States or such action as is appropriate. L. Clair Nelson, Commissioner