Secretary of Labor (MSHA) v. Duval Corporation (Commission decision, April 14, 1980)

Plain-English summary

A petition sought Commission review of a judge's decision in a case involving Duval Corporation. The Mine Act required a petition for discretionary review to be filed and served within 30 days of the judge's decision, and Commission rules made filing effective upon receipt. The Commission received the petition on April 4, 1980, more than 30 days after the judge's decision. It dismissed the petition as untimely without ruling on the underlying dispute or assessing a penalty in this order.

Decision snapshot

• Governing provisions: 30 U.S.C. § 823(d)(2)(A)(i) and 29 C.F.R. § 2700.5(d).
• Outcome: Petition for discretionary review dismissed as untimely; no penalty assessed by this order.
• Key point: The Commission measured filing by the date it received the petition, which was outside the 30 day period.

Full text (FMSHRC public release)

CCASE:
MSHA V. DUVAL
DDATE:
19800414
TTEXT:

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION WASHINGTON, DC
April 14. 1980

SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION(MSHA),
DOCKET NO. WEST 79-194-M
v.

DUVAL CORPORATION

ORDER

The petition for discretionary review is dismissed. Section 113(d)(2)(A)(i) requires that a Petition for discretionary review be filed and served within 30 days after the issuance of the judge's decision. 1/ Commission Rule 5(d), 29 CFR 2700.5(d) (1979), states that "filing of a petition for discretionary review is effective only upon receipt." The petition for discretionary review was received by the Commission on April 4, 1980, more than thirty days after the issuance of the judge's decision.

Accordingly, the petition is dismissed as untimely filed. 2/

Frank F. Jestrab, Commissioner

A. E. Lawson, Commissioner

Marian Pearlman Nease, Commissioner
___
1/ 30 U.S.C. 823(d)(z)(A)(i) (Supp. II 1978). 2/ See Sunbeam Coal Corporation, Docket No. PITT 79-210 through 79-214, (order dated March 10, 1980).