Secretary of Labor v. Gililbert Corporation of Delaware (ALJ decision, January 8, 1985)

Secretary of Labor v. Gililbert Corporation of Delaware (FMSHRC WEST 84-95-M): $336 penalties assessed by default

Decision type

ALJ decision

Docket

WEST 84-95-M

Decided

January 8, 1985

Presiding judge

James A. Broderick

Outcome

Citations affirmed

Precedential status

Final order, not precedent

Checked against source

2026-10-20

Official source

Read the official release (fmshrc.gov)

PDF

View Official PDF

Apply this to your situation

This order from 1985 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.

Final ALJ decision, not Commission precedent

This decision became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because no later Commission review appears in the official index for this docket. It binds the parties but 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

MSHA sought civil penalties against Gililbert Corporation of Delaware concerning its Cannon Mine. Judge James A. Broderick ordered the parties to exchange hearing materials and respond to a prehearing order, but the company did not reply. The judge then gave Gililbert 15 days to explain why it should not be held in default, and again received no answer. He found the company in default and imposed the $336 in penalties proposed in the assessment order, payable within 30 days. The public order does not describe the underlying violations or identify their safety standards.

Decision snapshot

Cited standards: None identified in this default order.
Outcome: Proposed penalties of $336 imposed by default.
Key point: Failure to respond to both the prehearing and show-cause orders led to a final penalty order.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. GILBERT CORPORATION
DDATE:
19850108
TTEXT:
~11
Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. WEST 84-95-M
PETITIONER
A.C. No. 45-02961-05503
V. Cannon Mine

GILILBERT CORPORATION OF
DELAWARE,
RESPONDENT

ORDER OF DEFAULT
Before: Judge Broderick

On August 24, 1984, I issued a Prehearing Order directing the parties inter alia to confer, and to exchange and send me by October 30, 1984, lists of witnesses and exhibits and stipulations for a potential hearing. Respondent did not reply to the order.

On December 7, 1984, I issued an Order to Show Cause directing Respondent to show within 15 days why it should not be held in default. Respondent did not reply.

Therefore, Respondent is found to be IN DEFAULT. IT IS ORDERED that the penalties proposed in the Assessment order attached as Exhibit A to the proposal in the total amount of $336 are imposed as the final order of the Commission. IT IS FURTHER ORDERED that Respondent shall pay such penalties in the amount of $336 within 30 days of the date of this order.

James A. Broderick
Administrative Law Judge

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