Secretary of Labor v. Callender Construction Company, Inc.

Plain-English summary

Callender Construction Company asked the Commission to reopen a penalty assessment that had become a final Commission order. The Secretary did not oppose the request. The Commission granted reopening and remanded the matter to the Chief Administrative Law Judge. It directed the Secretary to file a penalty petition within 45 days. The Commission stated that granting this motion was not precedent for other reopening requests.

Decision snapshot

• Cited authority: 30 U.S.C. § 813(a); 29 C.F.R. § 2700.28
• Outcome: The final assessment was reopened and remanded for further proceedings.
• Key point: This unopposed reopening order resolved only this motion and was expressly nonprecedential for other cases.

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.

CALLENDER CONSTRUCTION

COMPANY, INC.

:

:

:

:

:

:

:

:

Docket No. LAKE 2020-0189-M

A.C. No. 11-00214-494016

BEFORE: Jordan, Chair; Althen, Rajkovich, and Baker,
Commissioners

ORDER

BY THE COMMISSION:

This matter arises under the Federal Mine Safety
and Health Act of 1977, 30 U.S.C. § 801 et seq. (2018) (“Mine Act”). The
Commission has received a motion from the operator seeking to reopen a penalty
assessment which had become a final order of the Commission pursuant to section
105(a) of the Mine Act, 30 U.S.C. § 813(a). The Secretary states that he does
not oppose the motion.

Having reviewed movant’s unopposed
motion to reopen, we reopen this matter and remand it 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. 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.

The granting of this motion is not
precedential for the consideration of any other motion before the Commission.

/s/ Mary Lu Jordan

Mary Lu Jordan, Chair

/s/ William I. Althen

William I. Althen, Commissioner

/s/ Marco M. Rajkovich, Jr.

Marco M. Rajkovich, Jr.,
Commissioner

/s/ Timothy J. Baker

Timothy J. Baker, Commissioner

Distribution:

Bruce Callender, President

Callender Construction Company, Inc.

928 West Washington Street

Pittsfield, IL 62363

[email protected]

Emily Toler Scott, Esq.

Office of the Solicitor

U.S. Department of Labor

Division of Mine Safety and Health

201 12th Street South, Suite 401

Arlington, VA 22202

[email protected]

April Nelson, Esq.

Associate Solicitor

Office of the Solicitor

U.S. Department of Labor

Division of Mine Safety and Health

201 12th Street South, Suite 401

Arlington, VA 22202

[email protected]

Melanie Garris, Chief

Office of Civil Penalty Compliance

U.S. Department of Labor

Office of Assessments

Mine Safety and Health Administration

201 12th Street South, Suite 401

Arlington, VA 22202

[email protected]

Chief Administrative Law Judge Glynn Voisin

Federal Mine Safety & Health Review Commission

Office of the Chief Administrative Law Judge

1331 Pennsylvania Avenue, NW, Suite 520 N

Washington, DC 20004-1710

[email protected]