Secretary of Labor v. Republic Steel Corporation (Commission decision, November 27, 1978)

Plain-English summary

A judge approved proposed settlements in eight civil penalty proceedings involving Republic Steel Corporation. The Commission directed review because the decisions may have been contrary to law or Commission policy and presented a new policy question. The released order asks what reasons and facts supported the approvals. The Commission remanded the cases for the judge to state those reasons and facts and to place the settlement agreement in the record. The order does not state a penalty amount or decide whether the settlements should ultimately be approved.

Decision snapshot

• Cited standard(s): No specific mine safety standard is identified in this order.
• Outcome: The settlement approvals were sent back to the judge for reasons, supporting facts, and the settlement agreement.
• Key point: The Commission required a record explaining the judge's approval before it could review the settlements.

Full text (FMSHRC public release)

CCASE:
MSHA V. REPUBLIC STEEL
DDATE:
19781127
TTEXT:

~1

FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION WASHINGTON, D.C.
November 27, 1978

SECRETARY OF LABOR,
Civil Penalty Proceedings
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA) Docket Nos. PITT 78-156-P
v. PITT 78-396-P
PITT 78-397-P
REPUBLIC STEEL CORPORATION, PITT 78-406-P PITT 78-407-P
PITT 78-408-P
PITT 78-409-P
PITT 78-410-P

Banning Mine
Russelton Mine
Clyde Mine
Newfield Mine

DIRECTION FOR REVIEW AND ORDER

The decisions of the Administrative Law Judge, approving a proposed settlement, is directed for review. It is found that the Judge's decisions may be contrary to law or Commission policy, and that a novel question of policy has been presented. The issue is:

What reasons and facts support the Judge's determination that the proposed settlements should be approved?

The Commission cannot answer this question until the record reveals the Judge's reasons for, and the facts supporting his approval of the settlement. Accordingly, the case is remanded to the Judge for him to make a statement of reasons for approving the settlement and a statement of the facts of record that supported his determination. The Judge shall also offer the settlement agreement into the record.