Secretary of Labor v. The American Coal Company

Plain-English summary

The UMWA and USW sought to intervene in a case concerning how section 110(k) governs Commission review of Mine Act settlements. The Secretary opposed intervention because neither union represented miners at the mine involved. The Commission found that both unions had a sufficient legally protectable interest because the settlement interpretation would affect cases across the industry, the unions represented miners at other MSHA-regulated mines, and no existing party would challenge the Secretary's position. It granted both intervention motions and set a briefing schedule. The Commission also allowed Congressman George Miller to participate as amicus curiae.

Decision snapshot

• Governing authority: 30 U.S.C. § 820(k); 29 C.F.R. §§ 2700.73 and 2700.74
• Outcome: The UMWA and USW were permitted to intervene, Congressman George Miller was permitted to participate as amicus, and briefing deadlines were set.
• Key point: A union may have a protectable interest in an industry-wide settlement issue even when it does not represent miners at the specific mine in the case.

Full text (FMSHRC public release)

FEDERAL
MINE SAFETY AND HEALTH REVIEW COMMISSION

1331
PENNSYLVANIA AVENUE, NW, SUITE 520N

WASHINGTON,
D.C. 20004-1710

SECRETARY OF LABOR,                           
 :                        

MINE SAFETY AND HEALTH                    :                  

ADMINISTRATION (MSHA)                       :         

:                   Docket No. LAKE 2011-13

v.                                        
            :                                                                      

:                           

THE AMERICAN COAL COMPANY          
:                  

BEFORE: Nakamura, Acting
Chairman; Cohen and Althen, Commissioners

ORDER

BY THE COMMISSION:

The United Mine
Workers of America (“UMWA”) has filed a motion to intervene in this proceeding.
The Secretary of Labor has filed an opposition to the UMWA’s motion, and the
UMWA has filed a reply to the Secretary’s opposition. In addition, the United
Steel, Paper and Forestry, Rubber Manufacturing, Energy, Allied Industrial and
Service Workers International Union (“USW”) has filed a motion to intervene in
this proceeding, and the Secretary has filed an opposition to the USW’s motion.

The Secretary
opposes intervention by the UMWA and the USW on the basis that, because neither
union represents miners at the subject mine, neither union has “[a] legally
protectable interest directly relating to the property or events that are the
subject of the case on review” within the meaning of Commission Procedural Rule
73, 29 C.F.R. § 2700.73. S. Opp’n at 2.

Whether to permit
intervention lies within “the sound discretion of the Commission.” 29 C.F.R. §
2700.73. Although neither the UMWA nor the USW represents miners at the mine,
both unions have a longstanding commitment to the health and safety of miners
and represent miners at other mines under the jurisdiction of the Department of
Labor’s Mine Safety and Health Administration (“MSHA”). Resolution of the issue
regarding interpretation of section 110(k) of the Mine Act, 30 U.S.C. § 820(k),
addressed in this proceeding will impact the adjudication of every case in
which MSHA seeks approval of a settlement entered into with an operator.1 The Secretary’s choice
to advance this interpretation in a case where miners are not represented by
the UMWA or the USW should not foreclose intervention by the unions,
particularly where there is no party to this action to challenge the Secretary’s
position.2 Having
reviewed the pleadings filed by the unions and the Secretary, we conclude that
the unions have a sufficient legally protectable interest relating to this
proceeding. Pursuant to Commission Procedural Rule 73, we hereby grant the
motions and permit the UMWA and the USW to intervene. 29 C.F.R. § 2700.73.

Subsequent to the
filing of the unions’ motions, Congressman George Miller filed a motion to
participate as amicus curiae in this proceeding. Pursuant to Commission
Procedural Rule 74, we hereby grant the motion and permit The Honorable George
Miller to participate as amicus. 29 C.F.R. § 2700.74.

Within 30 days of
the date of this order, the Union Intervenors shall file a joint brief with the
Commission. The joint brief shall not exceed 50 pages.

Within 20 days of
service of the Union Intervenors’ brief, The Honorable George Miller shall file
his amicus brief. The amicus brief shall not exceed 25 pages.

Within 30 days of
service of the amicus brief, the Secretary shall file any reply brief. That
reply brief shall not exceed 20 pages.

/s/
Patrick K. Nakamura

Patrick
K. Nakamura, Acting Chairman

/s/
Robert F. Cohen, Jr.

Robert
F. Cohen, Jr., Commissioner

/s/
William I. Althen

William
I. Althen, Commissioner

1 In contrast with this proceeding, in Excel Mining
LLC, 22 FMSHRC 318 (Mar. 2000), the Commission denied a union intervenor
status because that case pertained to standards applicable only to coal mines,
while the union’s separate litigation, which was the basis for its request to
intervene, pertained to standards applicable to metal and non-metal mines. Id.
at 320.

2 We note that a cornerstone of the Mine Act is
encouraging the participation of miners in the enforcement of the Mine Act. See,
e.g., 30 U.S.C. §§ 813(f), 813(g), 815(c); 29 C.F.R. 2700.1(c) (“These
rules shall be construed to . . . encourage the participation of miners and
their representatives.”).