Secretary of Labor v. Mulzer Crushed Stone Company (Commission decision, September 29, 1980)

Plain-English summary

Mulzer Crushed Stone Company sought Commission review after a judge issued a decision in its penalty case before the deadline he had set for post-hearing briefs. The judge's order set September 15, 1980 as the deadline, but he decided the case on September 3. Mulzer submitted a brief on September 11. The Commission found that both parties had been denied the opportunity to submit briefs before the decision. It vacated the September 3 ruling and sent the case back solely for the judge to reconsider it in light of the briefs, without ruling on the citation or penalty.

Decision snapshot

• Cited standard: No mine safety standard is cited in this procedural order.
• Outcome: September 3 judge decision vacated; case remanded for reconsideration of the parties' briefs.
• Key point: On this record, both parties were denied the chance to submit briefs before the judge issued his decision.

Full text (FMSHRC public release)

CCASE:
MSHA V. MULZER CRUSHED STONE
DDATE:
19800929
TTEXT:
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION WASHINGTON, DC September 29, 1980 SECRETARY OF LABOR MINE SAFETY AND HEALTH ADMINISTRATION (MSHA)
v. Docket No. LAKE 80-201-M
MULZER CRUSHED STONE COMPANY

DIRECTION FOR REVIEW AND ORDER
The petition for discretionary. review filed by Mulzer Crushed Stone Company is granted with respect to the following issue raised: whether a prejudicial error of procedure was committed by the Administrative Law Judge in that the mine operator was denied an opportunity to submit a brief with proposed findings and conclusions prior to issuance of the decision. An August 12, 1980, order issued by the Judge set September 15, 1980, as the deadline for filing post-hearing briefs. Prior to receiving any briefs the decision was issued on September 3rd. A post-hearing brief was received at the Commission from counsel for Mulzer on September 11th. On the face of the record before us, it does appear that Mulzer, as well as the Secretary, was improperly denied an opportunity to submit its brief prior to the issuance of the judge's decision. Accordingly, the judge's decision of September 3rd is vacated, and the case is remanded for the sole purpose of permitting the judge to reconsider his decision in view of briefs submitted. Richard V. Backley, Commissioner Frank E. Jestrab, Commissioner A. E. Lawson, Commissioner Marian Pearlman Nease, Commissioner
~2485
Distribution
Philip E. Balcomb, Manager
Mulzer Crushed Stone Co.
P.0. Box 248
Tell City, Indiana 47586
Office of the Solicitor
attn: Cynthia Attwood
U.S. Department of Labor
4015 Wilson Blvd.
Arlington, Va. 22203
Administrative Law Judge George Koutras FMSHRC Skyline Center, lOth Floor 5203 Leesburg Pike Falls Church, Va. 22041 William C. Posternack, Esq. Office of the Solicitor U.S. Department of Labor 280 South Dearborn, 8th Floor Chicago, Illinois 60604