Robert K. Roland v. Secretary of Labor (Commission decision, January 2, 1985)

Plain-English summary

The Commission had granted the Secretary's petition for interlocutory review in Robert Roland's case. The Secretary missed a briefing deadline and said its attorneys had not received the briefing order, although its mail room had. The Commission allowed the late filing and treated the Secretary's review petition as its brief. It also accepted Roland's letter as his brief and set a deadline for the United Mine Workers' amicus brief. The Commission denied Roland's request for immediate remand and left his request for money and damages for consideration after briefing. It did not decide the underlying dispute in this order.

Decision snapshot

• Cited standard(s): Commission Procedural Rule 72(a), 29 C.F.R. § 2700.72(a).
• Outcome: Late briefing accepted; immediate remand denied; monetary relief reserved for later consideration.
• Key point: The Commission permitted the Secretary's late brief and continued briefing before deciding the pending review.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1730 K STREET NW, 6TH FLOOR WASHINGTON, D.C. 20006

January 2, 1985

ROBERT K. ROLAND

V. Docket No. WEST 84-46-DM(A)

SECRETARY OF LABOR
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA)

ORDER

On August 15, 1984, the Commission granted the petition for inter- locutory review filed by the Secretary of Labor. Following the solici- tation of amicus curiae participation; the Commission, on October 24, 1984, issued an order establishing the briefing schedule in this case. The Secretary's brief was due within 25 days of the date of that order. On December 12, 1984, the Secretary filed a motion with the Commission seeking leave to file his brief out of time. The Secretary's motion states that although the Commission's briefing order of October 24, 1984, was received by the mail room of the Secretary's Office of the Solicitor, the order "was never logged as received, . . . and none of the attorneys of record in the case ever received the order." The Secretary requests that, if his motion is granted, his previously filed petition for interlocutory review be treated as constituting his brief. Compare Commission Procedural Rule 72(a), 29 C.F.R. § 2700.72(a).

Upon consideration of the Secretary's motion, his requests to file his brief out of time and to treat his petition for interlocutory review as his brief in this matter are granted. On December 31, 1984, the Commission received from complainant Robert A. Roland a letter dated December 21, 1984, with attachments, which he designated as his brief. This letter is hereby accepted as Mr. Roland's brief. The amicus brief of the United Mine Workers of America must be received by the Commission on or before January 31, 1985.

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On December 10, 1984, Mr. Roland filed a motion requesting, among other things, immediate remand of the proceeding to the administrative law judge because of the Secretary's failure to file his brief. Mr. Roland's motion is denied. Mr. Roland's request for immediate monetary relief and damages will be considered by the Commission, along with other substantive issues presented by this case, at the appropriate time after completion of briefing.

Richard V. Backley, Acting Chairman
James A. Lastowka, Commissioner
L. Clair Nelson, Commissioner

Distribution

Robert K. Roland
8520 Rainbow Avenue
Denver, Colorado 80229

Vicki Shteir-Dunn, Esq.
Office of the Solicitor
U.S. Department of Labor
4015 Wilson Blvd.
Arlington, Virginia 22203

Mary Lu Jordan, Esq.
UMWA
900 15th St., N.W.
Washington, D.C. 20005

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