Secretary of Labor v. Allied Products Company (ALJ decision, July 7, 1982)

Plain-English summary

A federal appeals court upheld findings that Allied Products Company violated three mine safety standards but ordered the penalties recalculated. The Commission sent the penalty question back to Judge William Fauver. The parties agreed to total penalties of $5,000, which the judge found consistent with the court's instructions and approved. He set penalties of $2,000 for citation 81004, $1,000 for citation 81007, and $2,000 for citation and order 81053. This short remand order does not identify the three underlying standards.

Decision snapshot

• Cited standards: Three underlying safety standards were upheld, but this order does not name them.
• Outcome: Penalty settlement approved; $5,000 total due within 30 days.
• Key point: The court left the violation findings intact while requiring a new penalty assessment.

Full text (FMSHRC public release)

CCASE:
SOL V. ALLIED PRODUCTS
DDATE:
19820707
TTEXT:
~1245

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
Civil Penalty Proceeding
PETITIONER
v. Docket No. SE 79-46-M
AC No. 01-00040-05006-F
ALLIED PRODUCTS COMPANY,
RESPONDENT
Montevallo Quarry & Mill

ORDER ON REMAND

In Allied Products Co. v. Federal Mine Safety and Health Review Commission, No. 80-7935, 5th Cir. Unit B (February 1, 1982), rehearing den. March 9, 1982, the Court affirmed a final order of the Commission in this case, finding that Allied Products violated three mandatory safety standards. 2 FMSHRC 2517 (ALJ, Sept. 1980). The Court found, however, that the penalties assessed were an abuse of discretion and remanded for further proceedings "with instructions to recalculate the penalties based on the existing record and on considerations outlined in this opinion." The Court's mandate was received by the Commission on April 9, 1982.

The Commission remanded the case to me on May 5, 1982, for "the initial determination of the necessary and appropriate action in light of the Court's decision and remand."

On June 26, 1982, the parties filed a Settlement Agreement proposing total penalties of $5,000 for the three violations found in my original decision. I find this Settlement to be consistent with the Court's decision and remand.

WHEREFORE IT IS ORDERED that:

1. The proposed Settlement Agreement is APPROVED.

2. The penalties issued in my decision of September 14, 1980 are hereby changed to read as follows: A penalty of $2,000.00 for Citation No. 81004, a penalty of $1,000.00 for Citation No. 81007, and a penalty of $2,000.00 for Citation/Order No. 81053.

3. Respondent shall pay the Secretary of Labor the above penalties, in the total amount of $5,000.00, within 30 days of this Order.

WILLIAM FAUVER
JUDGE