Secretary of Labor obo Alvaro Saldivar v. CalPortland Company obo Grimes Rock, Inc.
Secretary of Labor obo Alvaro Saldivar v. CalPortland Company o/b/o Grimes Rock, Inc. (FMSHRC WEST 2021-0178): Reinstatement appeal dismissed
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This is citable Commission precedent from 2025, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.
Plain-English summary
This temporary-reinstatement case concerned miner Alvaro Saldivar and was under Commission review at Grimes Rock's request. CalPortland later notified the Commission that it had become the facility's operator and would appear on behalf of Grimes Rock. The Commission amended the caption to reflect the operator change. It then granted CalPortland's unopposed motion, vacated the direction for review, and dismissed the appeal.
Decision snapshot
- Cited authority: 30 U.S.C. § 815(c)(2)
- Outcome: The direction for review was vacated and the temporary-reinstatement appeal was dismissed.
- Key point: The successor operator voluntarily ended Commission review of the reinstatement matter.
Full text (FMSHRC public release)
FEDERAL
MINE SAFETY AND HEALTH REVIEW COMMISSION
1331
PENNSYLVANIA AVE., N.W., SUITE 520N
WASHINGTON,
DC 20004-1710
SECRETARY
OF LABOR
MINE
SAFETY AND HEALTH
ADMINISTRATION
(MSHA)
on
behalf of ALVARO SALDIVAR
v.
CALPORTLAND
COMPANY
on
behalf of GRIMES ROCK, INC.
Docket
No. WEST 2021-0178-DM
BEFORE:
Jordan, Chair; Baker and Marvit, Commissioners
ORDER
BY:
THE COMMISSION
This case arises under section 105(c)(2)
of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 815(c)(2)
(2018). [1]
It involves the granting of temporary reinstatement for a miner employed by
Grimes Rock, Inc. (“Grimes Rock”). On December 20, 2024, Grimes Rock filed
a petition for discretionary review of the above-captioned docket, which the
Commission granted. On
March 18, 2025, CalPortland Company (“CalPortland”) filed a Notice of Operator
Change informing the Commission that the facility operating under Mine ID
04-05432 is now operated by CalPortland and that moving forward the respondent
in the instant matter will list the current operator as “CalPortland on behalf
of Grimes Rock, Inc.”
In light of the operator’s submission, we
hereby amend the caption to reflect the change in operator.
On March 18, 2025, CalPortland on
behalf of Grimes Rock also filed an unopposed motion to dismiss this case. Upon
consideration of CalPortland’s motion, the Commission’s direction for review is
hereby VACATED and the operator’s appeal is DISMISSED.
/s/
Mary Lu Jordan
Mary Lu Jordan, Chair
/s/ Timothy J.
Baker
Timothy J. Baker,
Commissioner
/s/ Moshe Z.
Marvit
Moshe Z. Marvit,
Commissioner
Distribution
Kenneth
H. Moss, Esq.
Pachowicz
& Goldenring PLC
6050
Seahawk Street
Ventura,
CA 93003
Tina
Amoke
Pachowicz
& Goldenring PLC
6050
Seahawk Street
Ventura,
CA 93003
Mark
R. Pachowicz, Esq.
Pachowicz
& Goldenring PLC
6050
Seahawk Street
Ventura,
CA 93003
Alvaro
Saldivar
2531
Taffrail Ln.
Oxnard,
CA 93035
Ryan
M. Kooi, Esq.
US
Department of Labor
Office
of the Solicitor
Division
of Mine Safety and Health
200
Constitution Avenue NW, Suite N4428
Washington,
DC 20210
Thomas
A. Paige, Esq.
Deputy
Associate Solicitor
US
Department of Labor
Office
of the Solicitor
Division
of Mine Safety and Health
200
Constitution Avenue NW, Suite N4428
Washington,
DC 20210
Emily
O. Roberts, Esq.
Division
of Mine Safety and Health
Office
of the Solicitor
200
Constitution Avenue NW Suite N4420 – N4430
Washington,
DC 20210
Melanie
Garris
US
Department of Labor/MSHA
Office
of Assessments, Room N3454
200
Constitution Ave NW
Washington,
DC 20210
Chief
Administrative Law Judge Glynn F. Voisin
Office
of the Chief Administrative Law Judge
Federal
Mine Safety & Health Review Commission
1331
Pennsylvania Avenue, NW, Suite 520N
Washington,
DC 20004-1710
[1] 30 U.S.C. §
815(c)(2) provides in pertinent part:
Any miner . . .
who believes that he has been discharged, interfered with, or otherwise discriminated
against by any person in violation of this subsection may, within 60 days after
such violation occurs, file a complaint with the Secretary alleging such
discrimination. Upon receipt of such complaint, the Secretary shall forward a
copy of the complaint to the respondent and shall cause such investigation to
be made as he deems appropriate. Such investigation shall commence within 15
days of the Secretary’s receipt of the complaint, and if the Secretary finds
that such complaint was not frivolously brought, the Commission, on an
expedited basis upon application of the Secretary, shall order the immediate
reinstatement of the miner pending final order on the complaint.
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