Ezel / Agency Decisions / se-86-69-d-commission
FMSHRC Commission decision Docket SE 86-69-D Decided April 14, 1987 Procedural

Secretary of Labor on behalf of Andy Brackner v. Jim Walter Resources, Inc.

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

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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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