BCNR Mining Corporation (ALJ decision, July 3, 1985)

Plain-English summary

MSHA's civil penalty case against BCNR Mining Corporation and the company's related contest concerned an order at the Newfield Mine. During an evidentiary hearing, the parties asked to settle the penalty case and withdraw the contest. Judge Joseph B. Kennedy approved the agreement after his own review. He ordered BCNR to pay the agreed $160 penalty by July 19, 1985, and dismissed both matters subject to payment.

Decision snapshot

• Cited standard: None specified in this decision.
• Outcome: Settlement approved for a $160 penalty; the penalty case and contest dismissed subject to payment.
• Key point: The judge confirmed the settlement approved at the hearing and made dismissal conditional on payment.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. BCNR MINING
BCNR MINING v. SOL (MSHA)
DDATE:
19850703
TTEXT:
~1032
Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. PENN 85-43
PETITIONER
A.C. No. 36-00809-03536
v.
Newfield Mine
BCNR MINING CORPORATION,
RESPONDENT

BCNR MINING CORPORATION,
CONTEST PROCEEDING
CONTESTANT
v. Docket No. PENN 84-173-R
Order No. 2252336; 5/25/84
SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
Newfield Mine
ADMINISTRATION (MSHA),
RESPONDENT

DECISION

Appearances: James E. Culp, Esq., Office of the Solicitor, U.S. Department of Labor, Philadelphia,
Pennsylvania, for Petitioner/Respondent;
B.K. Taoras, Esq., Meadow Lands, Pennsylvania, for Respondent/Contestant.

Before: Judge Kennedy

This matter came on for an evidentiary hearing in Pittsburgh, Pennsylvania on Thursday, June 6, 1985. After presentation of MSHA's case-in-chief the operator commenced its defense. During a recess taken during the defense-in-chief, the parties, after a discussion with the trial judge, moved for approval of a settlement of the penalty case and withdrawal of the review case. Based on an independent evaluation and res nova review of the circumstances the trial judge granted the motion, and directed the parties file a confirming written motion.

That motion having been received, it is ORDERED that the approval given from the bench on June 6, 1985, be, and ~1033 hereby is, CONFIRMED. It is further ORDERED that the operator pay the amount of the penalty agreed upon, $160, on or before Friday, July 19, 1985, and that subject to payment the captioned matters be DISMISSED.

Joseph B. Kennedy
Administrative Law Judge