Secretary of Labor v. Meigs Mine Service, LLC (Commission decision, April 11, 2014)

Plain-English summary

Meigs Mine Service missed the deadlines to contest two proposed penalty assessments. The company said three members of its safety management staff were experiencing medical issues, which caused the filing failures. The Secretary did not oppose reopening and urged Meigs to adopt reliable contest procedures. The Commission consolidated the two dockets, reopened both assessments in the interest of justice, and remanded for a penalty petition within 45 days.

Decision snapshot

• Governing provision: 30 U.S.C. § 815(a)
• Outcome: Two dockets were consolidated, both final assessments were reopened, and the matters were remanded.
• Key point: Medical issues affecting several safety-management employees supported reopening, but the operator was urged to establish procedures that would prevent future missed deadlines.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH
REVIEW COMMISSION

1331
PENNSYLVANIA AVENUE, NW, SUITE 520N

WASHINGTON,
D.C. 20004-1710

April
11, 2014

SECRETARY OF LABOR,                               

MINE SAFETY AND HEALTH

ADMINISTRATION (MSHA)

v.

MEIGS MINE SERVICE, LLC

Docket No. WEVA 2013-1945

A.C. No. 46-08864-316833 X626

Docket No. WEVA 2013-1946

A.C. No. 46-08864-319764 X626

BEFORE: Jordan, Chairman; Young, Cohen, Nakamura, and
Althen, Commissioners

ORDER

BY THE COMMISSION:

These matters arise under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801 et seq. (2012) (“Mine Act”). On June 19, 2013, the Commission received from Meigs Mine Service, LLC (“Meigs”) two motions seeking to reopen two penalty assessments that had become final orders of the Commission pursuant to section 105(a) of the Mine Act, 30 U.S.C.
§ 815(a).[1]

Under section 105(a) of the Mine Act, an
operator who wishes to contest a proposed penalty must notify the Secretary of Labor no later than 30 days after receiving the proposed penalty assessment. If the operator fails to notify the Secretary, the proposed penalty assessment is deemed a final order of the Commission. 30 U.S.C. § 815(a).

We have held, however, that in appropriate circumstances, we possess jurisdiction to reopen uncontested assessments that have become final Commission orders under section 105(a). Jim Walter Res., Inc., 15 FMSHRC 782, 786-89 (May 1993) (“JWR”). In evaluating requests to reopen final orders, the Commission has found guidance in Rule 60(b) of the Federal Rules of Civil Procedure under which the Commission may relieve a party from a final order of the Commission on the basis of mistake, inadvertence, excusable neglect, or other reason justifying relief. See 29 C.F.R. § 2700.1(b) (“the Commission and its Judges shall be guided so far as practicable by the Federal Rules of Civil Procedure”); JWR, 15 FMSHRC at 787. We have also observed that default is a harsh remedy and that, if the defaulting party can make a showing of good cause for a failure to timely respond, the case may be reopened and appropriate proceedings on the merits permitted. See Coal Prep. Servs., Inc., 17 FMSHRC 1529, 1530 (Sept. 1995).

Records of the Department of Labor’s Mine Safety and Health Administration (“MSHA”) indicate that proposed assessment No. 000316833 was delivered on March 25, 2013, and became a final order of the Commission on April 24, 2013. Proposed assessment No. 000319764 was delivered on April 30, 2013, and became a final order of the Commission on May 30, 2013. Meigs asserts that three of its safety management personnel were experiencing medical issues, causing the failure to timely contest the assessments. The Secretary does not oppose the requests to reopen and urges the operator to adopt procedures to ensure that future penalty contests are timely filed.

Having reviewed
Meigs’ requests and the Secretary’s response, in the interest of justice, we hereby reopen these matters and remand them to the Chief Administrative Law Judge for further proceedings pursuant to the Mine Act and the Commission’s Procedural Rules, 29 C.F.R. Part 2700. Accordingly, consistent with Rule 28, the Secretary shall file a petition for assessment of penalty within 45 days of the date of this order. See 29 C.F.R. § 2700.28.

/s/ Mary Lu Jordan

Mary Lu Jordan, Chairman

/s/Michael G. Young

Michael G. Young, Commissioner

/s/ Robert F. Cohen, Jr.

Robert F. Cohen, Jr., Commissioner

/s/ Patrick K. Nakamura

Patrick K. Nakamura, Commissioner

/s/ William I. Althen

William I. Althen, Commissioner

Distribution:

Cecil Bringer

Meigs Mine Service, LLC

53640 Portland Rd.

Portland, OH 45770

[email protected]

W. Christian Schumann, Esq.

Office of the Solicitor

U.S. Department of Labor

1100 Wilson Blvd., Room 2220

Arlington, VA  22209-2296

Melanie Garris

Office of Civil Penalty Compliance

MSHA

U.S. Dept. Of Labor

1100 Wilson Blvd., 25th Floor

Arlington, VA 22209-3939

Chief Administrative Law Judge Robert J. Lesnick

Federal Mine Safety & Health Review Commission

1331 Pennsylvania Avenue, N. W., Suite 520N

Washington, D.C. 20004-1710

[1]
Pursuant to Commission Procedural Rule 12, on our own motion, we hereby consolidate docket numbers WEVA 2013-1945 and WEVA 2013-1946, both captioned Meigs Mine Service, LLC, and involving similar procedural issues. 29 C.F.R. § 2700.12.