Ezel / Agency Decisions / VA 87-22-D

Bill Branch Coal Company, Inc. (ALJ decision, February 22, 1989)

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

Decision type
ALJ decision
Dockets
VA 87-22-D, VA 87-21-D
Decided
February 22, 1989
Presiding judge
Avram Weisberger
Outcome
Procedural
Precedential status
Interlocutory order, not final
Checked against source
2026-08-17
Cited standards
30 U.S.C. § 815(c)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

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

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