Secretary of Labor o/b/o Eperson v. Jolene, Inc., aka Joline, Inc. (Commission decision, August 30, 1985)

Plain-English summary

Joline, Inc. asked the Commission to reopen the record in a discrimination case involving Shelby Eperson. The request followed a Sixth Circuit order enforcing the Commission's earlier order granting Eperson reinstatement, back pay, interest, and expenses. The Commission held that its jurisdiction had ended because the Sixth Circuit had exclusive jurisdiction under section 106(a)(1) of the Mine Act. It denied both the motion to reopen and the respondent's request for additional time to reply.

Decision snapshot

• Governing provision: 30 U.S.C. § 816(a)(1).
• Outcome: The motion to reopen the record and the motion for additional reply time were denied.
• Key point: After a court of appeals obtains exclusive jurisdiction over enforcement of a Commission order, the Commission will not reopen the record.

Full text (FMSHRC public release)

CCASE:
MSHA V. JOLENE
DDATE:
19850830
TTEXT:

FMSHRC-WDC
AUG 30, 1985

SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA)
on behalf of SHELBY EPERSON
v. Docket No. KENT 83-38-D

JOLENE, INC., aka JOLINE, INC.

ORDER

Upon consideration of the motion of Joline, Inc., to reopen the record in this case and of the Secretary's response thereto, we deny the motion. Joline's motion directly follows the January 25, 1985 Order of the United States Court of Appeals for the Sixth Circuit, enforcing the Commission's order granting Shelby Eperson reinstatement, back pay, interest and expenses. Donovan v. Joline, Inc., No. 84-3358 (unpublished).

The Secretary's response to the motion states inter alia "The jurisdiction of the Commission at this point in the proceeding has ceased." Response at 4. We agree. Under Section 106(a)(1) of the Mine Act, the Sixth Circuit has exclusive jurisdiction over this matter. Accordingly, respondent's motion to reopen is denied.

For the foregoing reasons we also deny respondent's motion for time in which to reply to petitioner's response filed August 29, 1985.

Richard V. Backley, Acting Chairman

James A. Lastowka, Commissioner

L. Clair Nelson, Commissioner

Page 2

~1160
Distribution

Robert J. Greene, Esq.
P.O. Box 432
Betsy Layne, Kentucky 41605

Barry F. Wisor, Esq.
Office of the Solicitor
U.S. Department of Labor
4015 Wilson Blvd.
Arlington, Virginia 22203