Secretary of Labor v. Republic Steel Corporation (Commission decision, October 9, 1980)

Plain-English summary

Republic Steel contested two MSHA withdrawal orders. The judge dismissed the contests without prejudice after Republic agreed to wait for the related penalty petitions. The Commission held that a continuance, rather than dismissal, was the proper way to postpone these withdrawal order contests. It vacated the dismissal and returned both cases for further proceedings. The order did not decide the underlying safety issues or assess penalties.

Decision snapshot

• Governing provision: Mine Act section 104(b), 30 U.S.C. § 814(b), on withdrawal orders.
• Outcome: Dismissal vacated and contests remanded for further proceedings; no penalty assessed.
• Key point: In these contests, a continuance rather than dismissal was the proper way to await related penalty petitions.

Full text (FMSHRC public release)

CCASE:
MSHA V. REPUBLIC STEEL
DDATE:
19801009
TTEXT:
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION WASHINGTON, DC October 9, 1980 SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION (MSHA), Docket Nos. PENN 80-56-R PENN 80-61-R v.
REPUBLIC STEEL CORPORATION
DECISION
Republic Steel Corporation contested two withdrawal orders issued by the Secretary of Labor under section 104(b) of the Federal Mine Safety and Health Act of 1977. The administrative law judge issued orders to show cause why the cases should not be continued until either petitions for assessment of civil penalties are filed and consolidated with the withdrawal order contests, or Republic waives further proceedings under 30 CFR Part 100 and agrees to consolidation. Republic informed the judge that it had no objection to a continuance until associated penalty petitions were filed. The judge then issued an order dismissing the withdrawal order contests without prejudice to reinstatement at such time as penalty petitions are filed. For the reasons expressed in our decision in Eastern Associated Coal Corporation, Docket No. WEVA 79-117-R (October 9, 1980), we hold that as a matter of Commission policy a continuance rather than a dismissal without prejudice is the proper procedural device for postponing adjudication of a contest of a withdrawal order when, as here, postponement is warranted. Accordingly, the order of dismissal is vacated and the case is remanded for further proceedings consistent with this opinion. Richard V. Backley, Commissioner Frank F. Jestrab, Commissioner A. E. Lawson, Commissioner Marian Pearlman Nease, Commissioner
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DISTRIBUTION
Cynthia L. Attwood, Esq.
Office of the Solicitor, U.S. DOL
4015 Wilson Boulevard
Arlington, VA 22203
David E. Street, Esq.
U.S. Department of Labor
Office of Solicitor
14480 Gateway Building
3535 Market Street
Philadelphia, PA 19104
B.K. Taoras, Esq.
Law Department
Republic Steel Corp.
Coal Mining Division
455 Race Track Road
P.0. Box 550
Meadow Lands, PA 15347
Harrison B. Combs, Esq.
United Mine Workers of America
900 15th Street, N.W.
Washington, D.C. 20005
David R. Case, Esq.
Crowell & Moring
1100 Connecticut Ave., N.W.
Washington, D.C. 20036
Administrative Law Judge Joseph B. Kennedy Federal Mine Safety and Health Review Commission Skyline Towers No. 2, lOth Floor 5203 Leesburg Pike Falls Church, VA 22041