Secretary of Labor on behalf of I.B. Acton and others v. Jim Walter Resources, Inc. (Commission decision, January 22, 1985)

Plain-English summary

The Commission had granted petitions for discretionary review in 17 cases involving Jim Walter Resources, the Secretary of Labor, and the United Mine Workers of America. Because the cases presented similar legal and factual issues and had been consolidated before the judge, the Commission reconsolidated them for review. It set February 22, March 13, and March 29, 1985 deadlines for opening, response, and reply briefs. The Commission also granted Jim Walter's request for oral argument, to be scheduled after briefing. This order resolved scheduling and case management only; it did not rule on the underlying claims or assess a penalty.

Decision snapshot

• Cited standards: None specified in this scheduling order.
• Outcome: Seventeen review dockets reconsolidated; briefing timetable and oral argument granted.
• Key point: The consolidated review remained pending after this procedural order.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1730 K STREET NW, 6TH FLOOR WASHINGTON, D.C. 20006 January 22, 1985

SECRETARY OF LABOR,
MINE SAFETYANDHEALTH
ADMINISTRATION (MSHA)

on behalf of I.B. ACTON
Dockets SE 84-31-D
GRADY ADERHOLT
SE 84-32-D
FREEMANBUTLER
SE 84-33-D
JAMES L. CAMPBELL
SE 84-34-D
J.D. ELLENBURG
SE 84-35-D
W.D. FRANKLIN
SE 84-36-D
BILLY R. GLOVER
SE 84-37-D
TERRY PEOPLES
SE 84-39-D
WILLIAM REID
SE 84-40-D
CHARLES W. RICKER
SE 84-41-D
TERRY SHUBERT
SE 84-42-D
THEODORE TAYLOR
SE 84-43-D
MARVIN WISE
SE 84-44-D
CHARLES BLACKWELL
SE 84-45-D
ROBERT BURLESON
SE 84-46-D
HOUSTON EVANS, and
SE 84-47-D
KENNETH RANDAL COFER
SE 84-52-D
and

UNITED MINE WORKERS OF AMERICA
v.

JIM WALTER RESOURCES, INC.

ORDER

On November 20, 1984, the Commission granted the petitions for dis- cretionary review filed by ,the Secretary of Labor and the United Mine Workers of America ("UMWA") in Docket Nos. SE 84-35-D. -45-D. -47-D. and -52-D. Petitions for discretionary review filed by the Secretary, the UMWA, and Jim Walter Resources, Inc. ("Jim Walter") in the remaining 13 dockets listed above were granted on December 26, 1984, and all briefing in the 17 dockets was stayed.

Because these dockets involve similar issues of law and fact and were consolidated'below, we reconsolidate them on review. The following briefing schedule is established. On or before February 22, 1985, each of the petitioners shall file opening briefs addressing the issues raised in their respective petitions for review. Thereafter, each party may file, on or before March 13, 1985, a brief in response to the arguments made in any opposing brief. Finally, any reply brief must be received no later than March 29, 1985. Jim Walter's request for oral argument is granted. Argument will be scheduled by further order upon completion of briefing.

For the Commission:

Richard V. Backley, Acting Chairman

Distribution

Earl R. Pfeffer, Esq.
UMWA
900 15th St., N.W.
Washington, D.C. 20005

Linda Leasure, Esq.
Office of the Solicitor
U.S. Department of Labor
4015 Wilson Blvd.
Arlington, Virginia 22203

David M. Smith, Esq.
Maynard, Cooper, Frierson & Gale, P.C.
1200 Watts Bldg.
Third Avenue and Twentieth St.
Birmingham, Alabama 35203

Robert W. Pollard, Esq.
Jim Walter Resources, Inc.
P.O. Box C-79
Birmingham, Alabama 35283