Ezel / Agency Decisions / se-2009-870-m-commission-2
FMSHRC Commission decision Docket SE 2009-870-M Decided July 7, 2014 Procedural

Secretary of Labor v. West Alabama Sand & Gravel, Inc.

Secretary of Labor v. West Alabama Sand & Gravel, Inc. (FMSHRC SE 2009-870-M): briefing stay lifted after discretionary review

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Currency note: this decision dates from 2014
The MSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Decision of the Commission
This is a decision of the Federal Mine Safety and Health Review Commission, the highest level of agency review, citable as Commission precedent. It may have been appealed to a U.S. Court of Appeals after issuance under 30 U.S.C. § 816; check subsequent history before relying on it. The full text below is from the official FMSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official FMSHRC release. The full text is the Commission's own document.
Read the official release (fmshrc.gov)

Plain-English summary

The Commission had granted the Secretary of Labor's petition for discretionary review in August 2012 and stayed briefing in the case. After reconsideration, it concluded that briefing would help resolve the issues and lifted the stay. The Secretary was directed to file an opening brief within 30 days, with further briefing governed by the Commission's procedural rule.

Decision snapshot

  • Governing rule: 29 C.F.R. § 2700.75
  • Outcome: The Commission lifted the briefing stay and ordered the Secretary to file an opening brief within 30 days.
  • Key point: The order restarted briefing in a discretionary-review proceeding after a lengthy Commission stay.

Full text (FMSHRC public release)

FO#5D.WPD

FEDERAL
MINE SAFETY AND HEALTH REVIEW COMMISSION

1331
PENNSYLVANIA AVENUE, NW, SUITE 520N

WASHINGTON,
D.C. 20004-1710

July 7, 2014

SECRETARY OF LABOR,

MINE SAFETY AND HEALTH 

ADMINISTRATION (MSHA)

v.

WEST
ALABAMA SAND & GRAVEL,

INC.

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:

:

:

Docket
No. SE 2009-870-M

BEFORE:
Jordan, Chairman; Young, Cohen, Nakamura, and Althen, Commissioners

ORDER

BY
THE COMMISSION:

On
August 22, 2012, the Commission issued an order granting the Secretary of Labor’s
petition for discretionary review and staying briefing in these matters.
 After careful reconsideration, we have determined that briefing in this
case would aid in the resolution of the issues presented.  Accordingly, the
order staying briefing is now lifted.1   

The
Secretary of Labor shall file his opening brief within 30 days of the date of
this order.  Briefing will then proceed as specified in 29 C.F.R. § 2700.75.  

/S/ Mary Lu Jordan

Mary Lu Jordan, Chairman

Distribution:                           

Clatus
Junkin, Esq.

Junkin,
Pearson, Harrison, Junkin, & Pate, LLC

P.O.
Box 688

202
3rd Street, N.E.

Fayette,
AL 35555

Charles
E. Harrison,  Esq.

Junkin,
Pearson, Harrison, Junkin, & Pate, LLC

P.O.
Box 3119

Tuscaloosa,
AL 35403

W.
Christian Schumann, Esq.

Office
of the Solicitor

U.S.
Department of Labor

110
Wilson Blvd., Room 2220

Arlington,
VA 22209-2296   

1 The Commission
recognizes that the Direction for Review was issued in August 2012 and briefing
was stayed at that time.  The stay occurred during a period of a rapid buildup
in the Commission case load.  The Commission regrets the delay in issuing this
Order.

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