Glen Munsey v. Smitty Baker Coal Company, Inc., P&P Coal Company, and Ralph Baker (Commission decision, June 2, 1983)

Plain-English summary

The D.C. Circuit affirmed the earlier decisions in Glen Munsey's case except for their refusal to award costs and attorney fees for a period when Munsey's counsel worked for the United Mine Workers of America. The court returned that issue for a determination of the amount due under the standard it identified. The Commission then sent the case to its chief administrative law judge for assignment and further proceedings consistent with the court's decision. This order did not calculate or award fees.

Decision snapshot

• Governing issue: Costs and attorney fees for union staff counsel's work; no mine safety standard was at issue in this order.
• Outcome: Case remanded for a fee determination; no amount set in this order.
• Key point: The Commission implemented the court's partial reversal by directing a new fee calculation.

Full text (FMSHRC public release)

CCASE:
GLEN MUNSEY V. SMITH & RALPH BAKER & P&P COAL DDATE: 19830602 TTEXT:

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1730 K STREET NW, 6TH FLOOR
WASHINGTON, D.C. 20006
June 2, 1983

GLEN MUNSEY

v. Docket No. NORT 71-96

SMITTY BAKER COAL COMPANY, INC.,
P&P COAL COMPANY, AND IBMA 72-21 RALPH BAKER

ORDER

On March 11, 1983, the U.S. Court of Appeals for the D.C. Circuit issued its decision in Munsey v. FMSHRC et al., 701 F.2d 976 (D.C. Cir. 1983), reh'g en banc denied May 6, 1983. The Court "with one exception" affirmed the decisions of the Commission and the administrative law judge. The exception referred to concerns the judge's conclusion that costs and attorney fees could not be awarded for the period during which Munsey's counsel was employed as an attorney on the staff of the United Mine Workers of America. As to this issue the Court reversed and remanded for a determination "of the amount to be awarded in accordance with the standard set forth in Nat'l Treasury Employees Union v. U.S. Dep't of the Treasury," 656 F.2d 848 (D.C. Cir. 1981). 701 F.2d at 977. The certified copy of the Court's opinion and judgment was issued on May 16, 1983.

Accordingly, the case is remanded to the chief administrative law judge for appropriate assignment and further proceedings consistent with the Court's decision.
Rosemary M. Collyer, Chairman
~992
Distribution

J. Edward Ingram, Esq.
Robertson, Williams, Ingram,
Faulkner & Overbey
Tenth Floor, Andrew Johnson Plaza
Knoxville, Tennessee 37902
for Smitty Baker Coal Co., Inc.

Steven B. Jacobson, Esq.
DeCastro, West & Chodorow, Inc.
10960 Wilshire Boulevard
Los Angeles, California 90024
for Glen Munsey

Chief Administrative Law Judge Paul Merlin Federal Mine Safety & Health Review Commission 1730 K Street, N.W., 6th Floor Washington, D.C. 20006