Ezel / Agency Decisions / va-87-22-d-alj
FMSHRC ALJ decision Docket VA 87-22-D, VA 87-21-D Decided February 22, 1989 Procedural Judge Avram Weisberger

Bill Branch Coal Company, Inc.

Bill Branch Coal Company, Inc. (FMSHRC VA 87-22-D and VA 87-21-D): Discrimination proceedings stayed during bankruptcy

Apply this to your situation

This order from 1989 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 1989
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.
Interlocutory ALJ order, not Commission precedent
This order stayed proceedings in two Mine Act discrimination cases while the respondent's bankruptcy court considered whether the automatic bankruptcy stay applied. It did not dispose of the cases or become a final decision under the 40-day rule in 30 U.S.C. § 823(d)(1). It is not Commission precedent. 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 ALJ had already found that Bill Branch Coal Company violated section 105(c) of the Mine Act in cases brought for Donald J. Robinette and Joey F. Hale. The complainants were then directed to identify the relief they sought. Bill Branch filed for bankruptcy reorganization, triggering an asserted automatic stay under 11 U.S.C. § 362(a)(1). The Secretary asked the bankruptcy court to determine that the stay did not apply. Judge Avram Weisberger stayed the FMSHRC proceedings until the bankruptcy court made that determination.

Decision snapshot

  • Governing provision: 30 U.S.C. § 815(c)
  • Outcome: Proceedings in both discrimination cases were stayed pending a bankruptcy court determination.
  • Key point: A bankruptcy filing paused the pending Mine Act proceedings while the bankruptcy court considered the scope of the automatic stay.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. BILL BRANCH COAL
DDATE:
19890222
TTEXT:

Page 2

~274
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.)
Office of Administrative Law Judges

SECRETARY OF LABOR, DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. VA 87-21-D
ON BEHALF OF
DONALD J. ROBINETTE, NORT CD 87-5
COMPLAINANT
Mine No. 8
v.

BILL BRANCH COAL COMPANY,
INC.,
RESPONDENT

SECRETARY OF LABOR, DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. VA 87-22-D
ON BEHALF OF JOEY F. HALE,
COMPLAINANT NORT CD 87-7

      v.                              Mine No. 8

BILL BRANCH COAL COMPANY,
INC.,
RESPONDENT

                         STAY ORDER

 In a Decision issued September 29, 1988, finding Respondent

violated section 105(c) of the Act, the Complainants were
directed to file statements indicating the specific relief
requested, and Respondent was granted a right to reply.
Respondent has subsequently filed in United States Bankruptcy
Court for reorganization in bankruptcy pursuant to Title 11 of
the United States Code, and thereby the proceedings herein in the
above captioned cases are subject to an automatic stay (11 U.S.C.
362(a)(1)). The Solicitor, on behalf of Complainants, filed i
United States Bankruptcy Court, a Motion For A Determination That
Stay Does Not Apply.

 Accordingly, it is ORDERED that proceedings in the above

captioned cases be STAYED pending a determination by the United
States Bankruptcy Court that the automatic stay does not apply.

                              Avram Weisberger
                              Administrative Law Judge
                              (703) 756-6210

Get today's answer for your situation

You just read what one judge decided for one employer in 1989, and it binds only those parties. Ezel checks the current MSHA standards and Commission precedent and answers your specific situation, with citations.

Opens in Ezel Pro. Every answer cites the authority it relies on.