Secretary of Labor (MSHA) on behalf of Arnold J. Sparks, Jr. v. Allied Chemical Corporation (Commission decision, May 20, 1982)

Plain-English summary

A federal appeals court reversed an earlier Commission decision in a case brought by the Secretary on behalf of Arnold J. Sparks, Jr. against Allied Chemical Corporation. The Commission sent the case to an administrative law judge for further proceedings consistent with the court’s decision. This order does not decide the underlying dispute on remand or assess a penalty.

Decision snapshot

• Cited standards: None identified in this order.
• Outcome: Case remanded to the administrative law judge; no penalty assessed.
• Key point: The Commission passed the appeals court’s remand to the judge for further proceedings.

Full text (FMSHRC public release)

CCASE:
MSHA V. ALLIED CHEMICAL
DDATE:
19820520
TTEXT:
FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION WASHINGTON, D.C. May 20, 1982 SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION (MSHA), on behalf of Arnold J. Sparks, Jr.

v. Docket No. WEVA 79-148-D

ALLIED CHEMICAL CORPORATION

ORDER
On February 23, 1982, the United States Court of Appeals for the D.C. Circuit issued its decision in this case reversing the decision of the Commission and remanding for further proceedings. UMWA v. FMSHRC, Nos. 79-2503, etc., D.C. Cir. (consolidated cases). Accordingly, we remand to the administrative law judge for further proceedings consistent with the court's decision.
~875
Allied Chemical
WEVA 79-148-D
Distribution
Ann S. Rosenthal, Esq.
Office of the Solicitor
U.S. Department of Labor
4015 Wilson Blvd.
Arlington, Virginia 22203
Marshall C. Spradling, Esq.
Spillman, Thomas, Battle & Klostermeyer P.0. Box 273 Charleston, West Va. 25321 Harrison Combs, Esq. UMWA 900 15th St., N.W. Washington, D.C. 20005 Administrative Law Judge Joseph Kennedy FMSHRC 5203 Leesburg Pike, lOth Floor Falls Church, Virginia 22041