FMSHRC Commission decision Docket SE 2022-0013, SE 2021-0163, SE 2022-0001 Decided January 20, 2023 Procedural

Secretary of Labor obo Jason Hargis v. Vulcan Construction Materials, LLC and Secretary of Labor v. Vulcan Construction Materials, LLC

Secretary of Labor obo Jason Hargis v. Vulcan Construction Materials, LLC (FMSHRC SE 2022-0013): Cross-review cases consolidated for briefing

Apply this precedent to your situation

This is citable Commission precedent from 2023, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

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 Secretary of Labor, Vulcan Construction Materials, and miner Jason Hargis each petitioned the Commission to review rulings in related proceedings. The Commission granted all three review petitions and consolidated the cases. It set the same deadlines for each party's opening, response, and reply briefs. The order allowed parties to combine response and reply briefs where appropriate.

Decision snapshot

  • Cited authority: No specific Mine Act section or regulation was cited.
  • Outcome: Three review proceedings were consolidated and placed on a coordinated briefing schedule.
  • Key point: When several parties obtain review in related cases, the Commission may consolidate the proceedings and coordinate all briefs.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

1331 PENNSYLVANIA AVENUE, NW, SUITE 520N

WASHINGTON, D.C. 20004-1710

SECRETARY OF LABOR :

MINE SAFETY AND HEALTH : Docket No. SE 2021-0163

ADMINISTRATION (MSHA) :

on behalf of JASON HARGIS : Docket No. SE 2022-0001

:

v. :

:

VULCAN CONSTRUCTION :

MATERIALS, LLC :

:

SECRETARY OF LABOR : Docket No. SE 2022-0013

MINE SAFETY AND HEALTH :

ADMINISTRATION (MSHA) :

:

v. :

:

VULCAN CONSTRUCTION :

MATERIALS, LLC :

ORDER

These proceedings all involve cross-petitions for discretionary review by the Secretary of Labor (“Secretary”), Vulcan Construction Materials, LLC (“Vulcan”), and a miner, Jason Hargis (“Complainant”). On January 9, 2023, the Commission granted all three petitions for discretionary review. The cases are hereby consolidated.

The Secretary shall file his opening brief no later than February 21, 2023. Vulcan and the Complainant may file response briefs by March 23, 2023, if they desire. The Secretary may file a reply brief no later than April 12, 2023.

Vulcan shall file its opening brief no later than February 21, 2023. The Secretary and the Complainant may file response briefs by March 23, 2023, if they desire. Vulcan may file a reply brief no later than April 12, 2023.

The Complainant shall file his opening brief no later than February 21, 2023. Vulcan and the Secretary may file response briefs by March 23, 2023, if they desire. The Complainant may file a reply brief no later than April 12, 2023.

Any party may elect to consolidate their response briefs to any opening briefs and any reply briefs in accordance with this briefing schedule.

/s/ Mary Lu Jordan

Mary Lu Jordan, Chair

/s/ William I. Althen

William I. Althen, Commissioner

/s/ Marco M. Rajkovich, Jr.

Marco M. Rajkovich, Jr., Commissioner

/s/ Timothy J. Baker

Timothy J. Baker, Commissioner

Distribution:

Emma P. Cusumano, Attorney

April E. Nelson, Associate Solicitor

Emily Toler Scott, Counsel for Appellate Litigation

Office of the Solicitor

U.S. Department of Labor Division of Mine Safety & Health

201 12th Street South, Ste. 401

Arlington, VA 22202

[email protected]

[email protected]

[email protected]

Melanie Garris

U.S. Department of Labor

Mine Safety and Health Administration

201 12th Street South, Suite 401

Arlington, VA 22202-5452

[email protected]

Christopher M. Smith, Esq.

Office of the Solicitor

U.S. Department of Labor

618 Church Street, Suite 230

Nashville, TN 37219

[email protected]

Elaine M. Youngblood, Esq.

Ortale Kelley

330 Commerce Street, Suite 110

Nashville, TN 37201

[email protected]

Margaret S. Lopez, Esq.

William K. Doran, Esq.

Ogletree, Deakins, Nash, Smoak & Stewart, PC

1901 K Street NW, Suite 1000

Washington, DC 20006

[email protected]

[email protected]

Chief Administrative Law Judge Glynn F. Voisin

Office of the Chief Administrative Law Judge

Federal Mine Safety & Health Review Commission

1331 Pennsylvania Avenue, NW, Suite 520N

Washington, DC 20004-1710

[email protected]

Administrative Law Judge Michael Young

Office of the Chief Administrative Law Judge

Federal Mine Safety & Health Review Commission

1331 Pennsylvania Avenue, NW, Suite 520N

Washington, DC 20004-1710

[email protected]

Get today's answer for your situation

You just read Commission precedent from 2023. Ezel checks whether it still stands, including any court review since, and answers your specific situation, with citations.

Opens in Ezel Pro. Every answer cites the authority it relies on.