Secretary of Labor v. United States Steel Corporation

Plain-English summary

U.S. Steel failed to complete timely contests of two proposed penalty assessments, causing them to become final Commission orders. The company said it had prepared the contests on time but sent them to MSHA's payment center instead of the Civil Penalty Compliance Office. U.S. Steel retrained its personnel, and the Secretary did not oppose reopening. The Commission consolidated the two dockets, reopened both assessments in the interest of justice, and remanded them for penalty proceedings. It directed the Secretary to file penalty petitions within 45 days.

Decision snapshot

• Cited authority: 30 U.S.C. § 815(a); 29 C.F.R. §§ 2700.1(b), 2700.12, 2700.28
• Outcome: Two final penalty assessments were consolidated, reopened, and remanded to the Chief Administrative Law Judge.
• Key point: Timely prepared contests sent to the wrong MSHA office supported reopening after the operator retrained its personnel and the Secretary did not object.

Full text (FMSHRC public release)

FEDERAL
MINE SAFETY AND HEALTH REVIEW COMMISSION

1331
PENNSYLVANIA AVE., N.W., SUITE 520N

WASHINGTON,
DC 20004-1710

SECRETARY
OF LABOR,

MINE
SAFETY AND HEALTH   

ADMINISTRATION
(MSHA)        

v.

UNITED
STATES STEEL

CORPORATION

:

:

:

:

:

:

:

:

Docket
No. LAKE 2015-544-M

A.C.
No. 21-00282-377786

Docket
No. LAKE 2015-545-M

A.C.
No. 21-03352-377788

BEFORE:  Jordan,
Chairman; Young and Cohen, Commissioners[1]

ORDER

BY THE
COMMISSION:

These
matters arise under the Federal Mine Safety and Health Act of 1977, 30 U.S.C.   
§ 801 et seq. (2012) (“Mine Act”). On June 17, 2015, the Commission received
from United States Steel Corporation (“U.S. Steel”) a motion seeking to reopen
two penalty assessments that had become final orders of the Commission pursuant
to section 105(a) of the Mine Act, 30 U.S.C. § 815(a).[2]

Under
section 105(a) of the Mine Act, an operator who wishes to contest a proposed
penalty must notify the Secretary of Labor no later than 30 days after
receiving the proposed penalty assessment. If the operator fails to notify the
Secretary, the proposed penalty assessment is deemed a final order of the
Commission. 30 U.S.C. § 815(a).

We
have held, however, that in appropriate circumstances, we possess jurisdiction to reopen uncontested
assessments that have become final Commission orders under section 105(a). Jim
Walter Res., Inc., 15 FMSHRC 782, 786-89 (May 1993) (“JWR”). In
evaluating requests to reopen final orders, the Commission has found guidance
in Rule 60(b) of the Federal Rules of Civil Procedure, under which the
Commission may relieve a party from a final order of the Commission on the
basis of mistake, inadvertence, excusable neglect, or other reason justifying
relief. See 29 C.F.R. § 2700.1(b) (“the Commission and its Judges shall
be guided so far as practicable by the Federal Rules of Civil Procedure”); JWR,
15 FMSHRC at 787. We have also observed that default is a harsh remedy and
that, if the defaulting party can make a showing of good cause for a failure to timely respond, the case may be
reopened and appropriate proceedings on the merits permitted. See Coal Prep.
Servs., Inc., 17 FMSHRC 1529, 1530 (Sept. 1995).

Records
of the Department of Labor’s Mine Safety and Health Administration (“MSHA”)
indicate that the proposed assessments were delivered on April 6, 2015, and
became final orders of the Commission on May 6, 2015. U.S. Steel asserts that it
timely contested the penalties, but sent the contests to MSHA’s Payment Center
in St. Louis, Missouri, instead of MSHA’s Civil Penalty Compliance Office in
Arlington, Virginia. The operator has since retrained its personnel. The
Secretary does not oppose the request to reopen, but urges the operator to take
steps to ensure that future penalty contests are timely filed.

Having reviewed U.S. Steel’s request and the Secretary’s response, in the interest of
justice, we hereby reopen these matters and remand them to the Chief
Administrative Law Judge for further proceedings pursuant to the Mine Act and
the Commission’s Procedural Rules, 29 C.F.R. Part 2700. Accordingly, consistent
with Rule 28, the Secretary shall file a petition for assessment of
penalty within 45 days of the date of this order. See 29 C.F.R. §
2700.28.

/s/ Mary Lu Jordan

Mary Lu Jordan, Chairman

/s/ Michael G. Young

Michael G. Young, Commissioner

/s/ Robert F. Cohen, Jr.

Robert F. Cohen Jr., Commissioner

Distribution:

Michael
P. Duff

Senior
Counsel – Labor & Employment

United
States Steel Corporation

Law
Department

600
Grant Street

Pittsburgh,
PA 15219-2800

W.
Christian Schumann, Esq.

Office
of the Solicitor

U.S.
Department of Labor

201
12th St. South, Suite 500

Arlington,
VA 22202-5450

Chief
Administrative Law Judge Robert J. Lesnick

Federal
Mine Safety & Health Review Commission

1331
Pennsylvania Ave. N.W., Suite 520N

Washington,
DC 20004-1710

Melanie
Garris

Office
of Civil Penalty Compliance

Mine
Safety and Health Administration

U.S.
Department of Labor

201
12th St. South, Suite 500

Arlington,
VA 22202-5450

[1] This case has
been delegated to a panel of three Commissioners pursuant to section 113(c) of
the Mine Act for the limited purpose of assessing the merits of the motion to
reopen. 30 U.S.C. § 823(c).

[2] Pursuant to
Commission Procedural Rule 12, on our own motion, we hereby consolidate docket
numbers LAKE 2015-544M and LAKE 2015-545-M; both captioned United States Steel
Corporation, and involving similar procedural issues. 29 C.F.R. § 2700.12.