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FMSHRC Commission decision Docket LAKE 90-132-DM Decided January 31, 1992 Procedural Transcribed from scan

Essroc Corporation

Essroc Corporation (FMSHRC LAKE 90-132-DM): Premature review petition dismissed without prejudice

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Currency note: this decision dates from 1992
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Decision of the Commission
This is a decision of the Federal Mine Safety and Health Review Commission, the highest level of agency review, citable as Commission precedent. It may have been appealed to a U.S. Court of Appeals after issuance under 30 U.S.C. § 816; check subsequent history before relying on it. The full text below is from the official FMSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official FMSHRC release. The full text is the agency's own release.
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Read the official release (fmshrc.gov)

Plain-English summary

Essroc Corporation sought Commission review of an ALJ decision involving Clifford Meek's Mine Act discrimination claim. The ALJ had found a violation of section 105(c) but had not set specific monetary relief and had ordered the parties to confer about damages. Because the December 24, 1991 decision was expressly not a final disposition, the Commission dismissed Essroc's review petition as premature and without prejudice.

Decision snapshot

  • Governing provision: 30 U.S.C. § 815(c)
  • Outcome: Essroc's petition for discretionary review was dismissed without prejudice as premature.
  • Key point: Commission review was unavailable while the ALJ proceeding remained unresolved on monetary relief.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
1730 K STREET NW, 6TH FLOOR
WASHINGTON, D.C. 20006

                          January 31, 1992

CLIFFORD MEEK ..
.
v. LAKE 90-132-DM

ESSROC CORPORATION

                                 ORDER


  On January 23, 1992, ESSROC Corporation filed a petition for dis-

cretionary review of the December 24, 1991 decision in this matter. In the
decision the presiding Commission administrative law judge concluded that a
violation of section 105(c) of the Federal Mine Safety and Health Act of 1977
occurred, 30 U.S.C. § 801 et seq. However, the judge did not set forth
specific monetary relief but ordered the parties to confer in an effort to
stipulate to the appropriate amount of damages to be awarded. Indeed, the
judge expressly stated that the December 24, 1991 decision was not a final
disposition of the proceeding.

  Accordingly, the respondent's petition for discretionary review is

premature and therefore it is dismissed without prejudice. See, e.g., Joseph
A. Campbell v. Anaconda Co., 2 FMSHRC 1519 (1981).

                                For the Commission:



                                Chairman



                                81

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