Ezel / Agency Decisions / va-86-36-alj
FMSHRC ALJ decision Docket VA 86-36 Decided April 22, 1987 Procedural Judge Avram Weisberger

Secretary of Labor v. Western Avella Contractors, Inc.

Secretary of Labor v. Western Avella Contractors, Inc. (FMSHRC VA 86-36): Default order assesses $15,770 penalty

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This order from 1987 bound only the parties to this case; it isn't precedent. Ask about your situation and see what the current MSHA standards and Commission precedent say, 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.
Final ALJ decision, not Commission precedent
This decision became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because no later Commission review appears in the official index. It binds the parties but is not binding on the Commission in other cases. 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

The Secretary filed a civil penalty proceeding against Western Avella Contractors concerning alleged Mine Act violations at the Buchanan No. 1 Mine. After the company said financial considerations prevented it from settling or continuing to defend the case, it consented to a default order. Judge Avram Weisberger entered default, made the proposed penalties totaling $15,770 final, and ordered payment within 30 days.

Decision snapshot

  • Cited standard(s): None stated in this order.
  • Outcome: Default was entered and the $15,770 proposed civil penalties were made final.
  • Key point: A respondent's consent to default allowed the proposed civil penalties to become the Commission's final order.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. WESTERN CONTRACTORS
DDATE:
19870422
TTEXT:

Page 2

~818

           Federal Mine Safety and Health Review Commission
                 Office of Administrative Law Judges

SECRETARY OF LABOR, CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. VA 86-36
PETITIONER A.C. No. 44-04856-03502 A6R

      v.                             Buchanan No. 1 Mine

WESTERN AVELLA CONTRACTORS,
INC.,
RESPONDENT

                           ORDER OF DEFAULT

 On June 26, 1986, the Secretary of Labor filed a Petition to

Assess Civil Penalties for alleged violations of the Federal Mine
Safety and Health Act of 1977. Respondent filed its Answer on
August 25, 1986. On October 14, 1986, I entered an Order
directing the Parties to discuss settlement and stipulate as to
matters not in dispute. In a telephone conservation, on February
26, 1987, between Counsel for both Parties and myself, Counsel
for Respondent advised that due to financial considerations
Respondent could neither enter into a settlement or further
defend this matter.

 On April 16, 1987, Petitioner filed a Motion for a Default

Judgment. In this Motion, Respondent has consented to a default
order assessing a civil penalty of $15,770.

 Accordingly, it is ORDERED that Respondent is in default. It

is further ORDERED that the civil penalties of $15,770 proposed
in the Secretary's Petition, be imposed as the final order of the
Commission. It is therefore ORDERED that the Respondent shall pay
such penalties in the amount of $15,770 within 30 days of the
date of this Order.

                                    Avram Weisberger
                                    Administrative Law Judge
                                    (703) 756Ä6210

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