Secretary of Labor (MSHA) v. Carolina Stalite Company (Commission decision, September 12, 1984)

Plain-English summary

A federal appeals court reversed a Commission decision and an ALJ decision in these dockets, holding that Carolina Stalite's facility was a mine covered by the Mine Act. In response, the Commission reinstated an administrative law judge's $14,542 total penalty assessment as its final order in the BARB 79-319-PM group of cases. It sent the five cases beginning with SE 80-21-M back to the judge for further proceedings and appropriate penalty assessments. The Commission also clarified that Mine Act coverage does not require a facility to be connected to a mineral extractor. This order left the five remanded cases pending.

Decision snapshot

• Cited standards: No specific mine safety standard identified in this order.
• Outcome: $14,542 in penalties reinstated as final in one group; five SE 80-21-M group cases remanded for further proceedings and penalty assessments.
• Key point: The court's coverage ruling required the remaining penalty cases to proceed; Mine Act coverage does not require a link to the extractor.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. CAROLINA STALITE
DDATE:
19840912
TTEXT:
FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION WASHINGTON, D.C. September 12, 1984 SECRETARY OF LABOR, Docket Nos. BARB 79-319-PM
MINE SAFETY AND HEALTH
SE 79-56-M
ADMINISTRATION (MSHA)
SE 79-91-M
SE 79-92-M
v. SE 79-93-M
SE 79-94-M
CAROLINA STALITE COMPANY
SE 79-95-M
SE 79-85-M
SE 79-87-M
SECRETARY OF LABOR
SE 79-114-M
MINE SAFETY AND HEALTH
SE 80-35-M
ADMINISTRATION (MSHA)
SE 80-37-M
SE 80-44-M v.
Docket Nos. SE 80-21-M
CAROLINA STALITE COMPANY
SE 80-61-M
SE 80-73-M
SE 80-79-M
SE 81-6-M

ORDER
On May 15, 1984, the U.S. Court of Appeals for the District of Columbia Circuit issued its decision in Donovan v. Carolina Stalite Co., 734 F.2d 1547, reversing the Commission's decisions in Carolina Stalite Co., 4 FMSHRC 423 (March 1982) (Docket Nos. BARB 79-319-PM, etc.), and Carolina Stalite Co., 4 FMSHRC 910 (May 1982)(ALJ)(Docket Nos. SE 80-21-M, etc.), and holding that Carolina Stalite's facility is a "mine" subject to the Federal Mine Safety and Health Act of 1977, 30 U.S.C. $ 801 et seq. (1982). The Court remanded the cases for further proceedings consistent with its opinion. The Court issued the certified copy of its judgment on August 22, 1984. In accordance with the Court's opinion, the administrative law judge's decision in Docket Nos. BARB 79-319-PM, etc., reported at 2 FMSHRC 3508 (December 1980), assessing civil penalties totalling
$14,542.00, is reinstated as the final order of the Commission. Docket Nos. SE 80-21-M, etc. are remanded to the administrative law judge originally assigned for further proceedings including the assessment of appropriate civil penalties.
~2519
We additionally address an apparent misperception of Commission case law that is reflected in the Court's opinion. The Court stated, "The Commission construed the statute ... to require a company actually to extract a mineral before being subject to Mine Act jurisdiction." 734 F.2d at 1551. We emphasize that no such restriction was intended by our decision in this matter. See Alexander Brothers, Inc., 4 FMSHRC 541, 543-44 & nn.8 & 9 (April 1982), in which we held that a connection with the extractor was not required for a facility to be subject to the 1969 Coal Act. Such a connection is also not required for coverage under the Mine Act. 1/ L. Clair Nelson, Commissioner
_____
1/ The terms of office of our former colleagues, Commissioners Frank F. Jestrab and A. E. Lawson, expired at the end of day on August 30, 1984. Pursuant to section 113(c) of the Mine Act, 30 U.S.C. $ 823(c), we have designated ourselves as a panel of three members to exercise "all of the powers of the Commission," including the issuance of orders and decisions in proceedings before this Commission.