Secretary of Labor (MSHA) v. The Helen Mining Company (Commission decision, May 20, 1982)

Plain-English summary

A federal appeals court reversed an earlier Commission decision in the Secretary’s case against The Helen Mining Company. The Commission sent the case to an administrative law judge for further proceedings consistent with the court’s decision. This order does not identify the underlying mine standard, decide the merits on remand, or assess a penalty.

Decision snapshot

• Cited standards: None identified in this order.
• Outcome: Case remanded to the administrative law judge; no penalty assessed.
• Key point: The Commission passed the appeals court’s remand to the judge for further proceedings.

Full text (FMSHRC public release)

CCASE:
MSHA V. HELEN MINING
DDATE:
19820520
TTEXT:
FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION WASHINGTON, D.C. May 20, 1982 SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION (MSHA)

v. Docket No. PITT 79-11-P

THE HELEN MINING COMPANY

ORDER
On February 23, 1982, the United States Court of Appeals for the D.C. Circuit issued its decision in this case reversing the decision of the Commission and remanding for further proceedings. UMWA v. FMSHRC, Nos. 79-2503, etc., D.C. Cir. (consolidated cases). Accordingly, we remand to the administrative law judge for further proceedings consistent with the court's decision.
~881
Distribution
Ann Rosenthal, Esq.
Office of the Solicitor
U.S. Department of Labor
4015 Wilson Blvd.
Arlington, Virginia 22203
Todd Peterson, Esq.
Crowell & Moring
1100 Connecticut Ave., N.W.
Washington, D.C. 20036
Harrison Combs, Esq.
UMWA
900 15th St., NW
Washington, D.C. 20005
Chief Administrative Law Judge Paul Merlin FMSHRC 1730 K Street, N.W. Washington, D.C. 20006