Secretary of Labor (MSHA) on behalf of Gerald D. Boone v. Rebel Coal Company (Commission decision, April 28, 1983)

Plain-English summary

A federal appeals court enforced the Commission's earlier final order in Gerald Boone's case against Rebel Coal Company. The court noted that the order used a formula for back pay after October 9, 1981, without fixing the total owed, and directed the Commission to resolve any disagreement. The Secretary reported that the parties had not agreed on the amount and requested further proceedings. The Commission reassumed jurisdiction and sent the back pay issue to the judge for expedited proceedings. It set no amount in this order.

Decision snapshot

• Cited standard(s): No mine safety standard is cited in this procedural order.
• Outcome: Jurisdiction reassumed; unresolved back pay issue remanded to the judge.
• Key point: The judge was to determine the disputed back pay amount under the court's enforcement order.

Full text (FMSHRC public release)

CCASE:
GERALD BOONE (MSHA) V. REBEL COAL
DDATE:
19830428
TTEXT:
FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION WASHINGTON, D.C. April 28, 1983 SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION (MSHA) on behalf of Gerald D. Boone

v. Docket No. WEVA 80-532-D

REBEL COAL COMPANY

ORDER
On December 6, 1982, the U.S. Court of Appeals for the Fourth Circuit issued an order granting the Secretary of Labor's petition for enforcement of a final order of the Commission. Secretary of Labor and Gerald Boone v. Rebel Coal Co., No. 82-1917, 4th Cir. In its order granting enforcement the Court stated: The court notes that with respect to back pay after October 9, 1981, the [Commission's final] order prescribes a formula but not a fixed total amount. In the event that the parties fail to agree on the proper recovery, their dispute should be resolved by the Commission with the right of judicial review to any party aggrieved by the Commission's resolution of such dispute. By letter dated April 7, 1983, counsel for the Secretary of Labor requested that the Commission reassume jurisdiction over the case and assign it to an administrative law judge for the purpose of resolving the back pay issue referred to by the Court. The letter asserts that "no monies have been paid to Mr. Boone" pursuant to the Commission's final order, and that no agreement has been reached with respect to the amount of further back pay owed. The letter indicates that counsel for the operator was mailed a copy of the request for reassertion of Commission jurisdiction, but no response from the operator to the request has been received. In view of the Court's order granting enforcement, the request by the Secretary, and the fact that no response has been received,
~616
the request to reassume jurisdiction over this matter is granted. The case is remanded to the administrative law judge who previously heard this matter for expedited proceedings in compliance with the Court's order. L. Clair Nelson, Commissioner
~617
Distribution
Robert A. Cohen
Office of the Solicitor
U.S. Department of Labor
4015 Wilson Blvd.
Arlington, Virginia 22203
Douglas D. Wilson
Gardner, Moss, Brown & Rocovich
P.0. Box 13606
Roanoke, Virginia 24035
Larry Harless
United Mine Workers of America
P.0. Box 1313
Charleston, West Virginia 25325
Gerald Boone
Robertson Subdivision
Prichard, West Virginia 25555
Administrative Law Judge Gary Melick
Federal Mine Safety & Health Review Commission 5203 Leesburg Pike, lOth Floor Falls Church, Virginia 22041