Secretary of Labor o/b/o Johnson v. Jim Walter Resources, Inc. (Commission decision, January 7, 1994)

Plain-English summary

Jim Walter Resources petitioned for Commission review of an administrative law judge's liability decision in a discrimination case before the judge had issued a final order on damages. The Commission held that the petition was premature and dismissed it without prejudice. Jim Walter could file a new petition for discretionary review after the damages decision issued.

Decision snapshot

• Governing provision: 30 U.S.C. § 823(d)(2)
• Outcome: Jim Walter's petition for review was dismissed without prejudice as premature.
• Key point: A discrimination-case liability decision was not ready for Commission review before the ALJ ruled on damages.

Full text (FMSHRC public release)

CCASE:
JIM WALTER RESOURCES V. (MSHA) SOL
DDATE:
19940107
TTEXT:

Page 2

~17

FEDERAL MINE SAFETY AND HEALTH REVIEW
COMMISSION
1730 K Street NW, 6th Floor
Washington, D.C. 20006

January 7, 1994

JIM WALTER RESOURCES, INC. :
:
v. :
:
SECRETARY OF LABOR,
:
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA), : Docket No. SE 93-127-D
on behalf of JAMES JOHNSON :
:
and
:
:
UNITED MINE WORKERS OF AMERICA :
:

ORDER

On December 16, 1993, Jim Walter Resources, Inc. ("Jim Walter"), filed a petition with the Federal Mine Safety and Health Review Commission under Section 113(d)(2) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 823(d)(2)(1988). The Administrative Law Judge presiding in thi discrimination proceeding has not yet issued his final order on damages. The Commission has dismissed as premature petitions seeking review of a judge's decision finding liability in discrimination cases before the decision on damages is issued. See Kenneth A. Wiggins v. Eastern Associated Coal Co., 5 FMSHRC 1668 (October 1983). Jim Walter's petition is premature and is dismissed without prejudice. Jim Walter may file a petition for discretionary review after issuance of the judge's decision on damages.

___________
Arlene Holen, Chairman

___________
Richard V. Backley, Commissioner

___________
Joyce A. Doyle, Commissioner

___________
L. Clair Nelson, Commissioner