Secretary of Labor, on behalf of Ramon S. Franco v. W. A. Morris Sand and Gravel, Inc. (Commission decision, October 7, 1996)

Plain-English summary

W. A. Morris Sand and Gravel moved to withdraw its appeal in a civil penalty proceeding involving a discrimination matter. The parties reached a settlement in this and related proceedings, and the ALJ approved the settlement on August 19, 1996. The Commission granted the motion, vacated its direction for review, and dismissed the proceeding.

Decision snapshot

• Governing provisions: 30 U.S.C. §§ 801 and 823(c)
• Outcome: The direction for review was vacated and the proceeding was dismissed after settlement.
• Key point: An approved settlement ended the appeal and removed the matter from Commission review.

Full text (FMSHRC public release)

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

October 7, 1996
SECRETARY OF LABOR,
:
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA),
:
on behalf of RAMON S. FRANCO
:
:
v. : Docket No. WEST 96-120-DM
:
W. A. MORRIS SAND AND
:
GRAVEL, INC.
:

BEFORE: Jordan, Chairman; Marks and Riley, Commissioners1

ORDER

BY THE COMMISSION:

In this civil penalty proceeding arising under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801 et seq. (1994) (“Mine Act”), W. A. Morris Sand and Gravel, Inc. (“Morris”) has filed with the Commission a motion to withdraw its appeal. The Secretary of Labor (“Secretary”) has not filed a response.

On February 26, 1996, Morris filed a petition for discretionary review with the Commission challenging, inter alia, a temporary reinstatement order of Administrative Law Judge Richard W. Manning. On March 14, 1996, the Commission granted in part Morris’petition with respect to one jurisdictional issue. The Secretary subsequently filed a motion to stay briefing until the judge issued a ruling on the jurisdictional issue in the related pending discrimination proceeding. On April 9, 1996, the Commission granted the motion and briefing was stayed.

In the present motion, Morris states that the parties have reached a settlement in this and related proceedings, which was approved by the judge on August 19, 1996.

1
Pursuant to section 113(c) of the Mine Act, 30 U.S.C. § 823(c), we have designated ourselves a panel of three members to exercise the powers of the Commission.

Page 2

Upon consideration of the motion, we grant it. Accordingly, the Commission’s direction for review in this matter is vacated and this proceeding is dismissed.

Mary Lu Jordan, Chairman

Marc Lincoln Marks, Commissioner

James C. Riley, Commissioner

2

Page 3

Distribution

Phil B. Hammond, Esq.
Hammond, Natoli & Tobler, PC.
Suite 600 National Bank Plaza
3101 North Central Avenue
Phoenix, Arizona 85012-2639

Susanne Lewald, Esq.
Office of the Solicitor
U.S. Department of Labor
71 Stevenson Street, Suite 1110
San Francisco, CA 94105

Administrative Law Judge Richard W. Manning
Administrative Law Judge
Federal Mine Safety and Health Review Commission
1244 Speer Boulevard #280
Denver, CO 80204-3582