Island Creek Coal Company and Virginia Pocahontas Company v. Secretary of Labor (MSHA) (Commission decision, May 20, 1982)

Plain-English summary

A federal appeals court returned three cases involving Island Creek Coal Company and Virginia Pocahontas Company to the Commission. The court directed further proceedings consistent with another appeals court decision. The Commission sent all three cases to an administrative law judge without deciding the underlying mine dispute or assessing a penalty.

Decision snapshot

• Cited standards: None identified in this order.
• Outcome: Case remanded to the administrative law judge; no penalty assessed.
• Key point: The Commission passed the appeals court’s remand to the judge for further proceedings.

Full text (FMSHRC public release)

CCASE:
ISLAND CREEK COAL V. MSHA
DDATE:
19820520
TTEXT:
FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION WASHINGTON, D.C. May 20, 1982 ISLAND CREEK COAL COMPANY
and
Docket Nos. VA 79-61-R
VA 79-62 R
VIRGINIA POCAHONTAS
VA 79-63-R
COMPANY

v.

SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA)

and

UNITED MINE WORKERS OF AMERICA

ORDER
In Secretary of Labor v. Island Creek Coal Co., et al., No. 80-1859, D.C. Cir., April 27, 1982, the court remanded these cases to the Commission for further proceedings consistent with the court's decision in UMWA v. FMSHRC, Nos. 79-2503, etc., D.C. Cir., February 23, 1982. Accordingly, the cases are remanded to the administrative law judge for further proceedings consistent with the court's order.
~869
Virginia Pocahontas
VA 79-61-R
Distribution
Ann S. Rosenthal, Esq.
Office of the Solicitor
U.S. Department of Labor
4015 Wilson Blvd.
Arlington, Virginia 22203
William K. Bodell, II
Virginia Pocahontas Company
P.0. Box 11430
Lexington, Kentucky 40575
Administrative Law Judge George Koutras FMSHRC 5203 Leesburg Pike, lOth Floor Falls Church, Virginia 22041