Ezel / Agency Decisions / SE 86-69-D

Secretary of Labor on behalf of Andy Brackner v. Jim Walter Resources, Inc. (Commission decision, April 14, 1987)

Secretary of Labor on behalf of Andy Brackner v. Jim Walter Resources, Inc. (FMSHRC SE 86-69-D): Reconsideration denied

Decision type
Commission decision
Docket
SE 86-69-D
Decided
April 14, 1987
Outcome
Procedural
Precedential status
Citable Commission precedent
Checked against source
2026-08-22
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this precedent to your situation

This is citable Commission precedent from 1987, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Currency note: this decision dates from 1987
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 Commission denied Jim Walter Resources, Inc.’s motion to reconsider an earlier order denying its petition for discretionary review. 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 agency's own release.
Read the official release (fmshrc.gov)

Plain-English summary

Jim Walter Resources, Inc. asked the Commission to reconsider its March 20, 1987 order denying the company’s petition for discretionary review in Andy Brackner’s discrimination proceeding. After considering the motion and its earlier order, the Commission denied reconsideration.

Decision snapshot

  • Cited standards: None stated in the order.
  • Outcome: Jim Walter Resources’ motion for reconsideration was denied.
  • Key point: The Commission left its earlier denial of discretionary review in place.

Full text (FMSHRC public release)

CCASE:
ANDY BRACKNER (MSHA) V. JIM WALTER RESOURCES DDATE: 19870414 TTEXT:

FMSHRC-WDC
April 14, 1987

SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
on behalf of ANDY BRACKNER

v. Docket No. SE 86-69-D

JIM WALTER RESOURCES, INC.

BEFORE: Ford, Chairman; Backley, Doyle, Lastowka and Nelson, Commissioners

ORDER

BY THE COMMISSION:

Jim Walter Resources, Inc. ("JWR"), has filed a Motion for Reconsideration requesting that the Commission reconsider its March 20, 1987 order denying JWR's previously filed petition for discretionary review in this matter. Upon consideration of the motion and the Commission's previous order, the motion for reconsideration is denied.

Ford B. Ford, Chairman

Richard V. Backley, Commissioner

Joyce A. Doyle, Commissioner

James A. Lastowka, Commissioner

L. Clair Nelson, Commissioner

Page 2

~672
Distribution

David M. Smith, Esq.
Maynard, Cooper, Frierson & Gale, P.C. 12th Floor, Watts Bldg. Birmingham, AL 35203

Ann Rosenthal, Esq.
Office of the Solicitor
U.S. Department of Labor
4015 Wilson Blvd.
Arlington, VA 22203

Administrative Law Judge James Broderick Federal Mine Safety and Health Review Commission 5203 Leesburg Pike, Suite 1000 Falls Church, VA 22041

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