W.A. Morris Sand and Gravel, Inc.

Plain-English summary

W.A. Morris Sand and Gravel petitioned for review of an ALJ’s orders granting temporary reinstatement and denying motions to dismiss in a discrimination case brought on behalf of Ramon S. Franco. Morris asked the Commission to stay the temporary reinstatement order. The Commission granted review on the jurisdictional question of whether Franco was a miner, denied review on the other issues, and denied the stay because Morris did not show compelling or extraordinary circumstances.

Decision snapshot

• Governing provisions: 30 U.S.C. § 815(c); 30 U.S.C. § 823(d)(2)
• Outcome: Review was granted only on whether the complainant was a miner. Review was otherwise denied, and the stay request was denied.
• Key point: A stay of temporary reinstatement requires a showing of compelling or extraordinary circumstances.

Full text (FMSHRC public release)

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

                                    March 14, 1996

SECRETARY OF LABOR, on behalf :
RAMON S. FRANCO :
Complainant :
:
v. : Docket No. WEST 96-120-M
:
W.A. MORRIS SAND AND :
GRAVEL, INC., :
Respondent :

                           DIRECTION FOR REVIEW
                           DENIAL OF REVIEW AND
               DENIAL OF STAY OF TEMPORARY REINSTATEMENT

    On February 26, 1996, respondent W.A. Morris Sand and Gravel (“Morris”) filed a

petition for discretionary review of the February 15, 1996, orders of Administrative Law Judge
Richard W. Manning granting the Secretary’s application for temporary reinstatement and
denying Morris’ motions to dismiss. Morris also has requested a stay of the temporary
reinstatement order.

   Upon consideration of Morris’ petition and request, the Secretary’s response in opposition

and respondent’s reply, the petition for review is granted as to the issue of jurisdiction, i.e.
whether the complainant is a miner. In all other respects the petition is denied.

Page 2

   Respondent’s request for a stay of the temporary reinstatement order fails to demonstrate

compelling or extraordinary circumstances, and is therefore denied. See Perry Transport, Inc., 15
FMSHRC 196, 198 (February 1993).

                                                ___________________________
                                                Mary Lu Jordan, Chairman



                                                ____________________________
                                                Joyce A. Doyle, Commissioner



                                                ____________________________
                                                Arlene Holen, Commissioner



                                                ______________________________
                                                Marc Lincoln Marks, Commissioner



                                                ______________________________
                                                James C. Riley, Commissioner