Secretary of Labor v. Jumacris Mining, Inc. (ALJ decision, October 4, 1984)

Plain-English summary

Jumacris Mining contested four enforcement actions at its No. 10 Mine. After an evidentiary hearing, Judge Joseph B. Kennedy made tentative bench decisions finding three charged violations and assessing penalties of $300, $1,000, and $250. He approved a $300 settlement for the fourth order. When no party showed cause against final adoption, he affirmed the bench decisions and settlement order and directed the operator to pay $1,850 by October 26, 1984. This written decision does not identify the cited safety standards.

Decision snapshot

• Cited standards: The written decision does not identify them.
• Outcome: Three violations affirmed, one order settled; $1,850 total in penalties.
• Key point: The judge adopted his earlier bench rulings after no cause was shown against them.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041
OCT 4 1984

SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. WEVA 84-137 Petitioner : A.C. No. 46-05529-03505
v. :
: Docket No. WEVA 84-138
JUMACRIS MINING, INC.,
: A.C. No. 46-05529-03507
Respondent :
: Jumacris No. 10 Mine
DECISION

Appearances: Leo J. McGinn, Esq., Office of the Solicitor, U.S. Department of Labor, Arlington, Virginia, for Petitioner;
Mr. Floyd Barnette, Jr., Owner, Jumacris Mining, Inc., Gilbert, West Virginia, for Respondent.
Before: Judge Kennedy
The captioned matters came on for an evidentiary hearing in Paintsville, Kentucky, on July 11, 1984. As a result, the trial judge entered tentative bench decisions with respect to three of the four violations that appear at pages 184, 234, and 272 of the transcript finding the violations charged did, in fact, occur and assessing penalties as follows:
Citation 2145237 - $300
Order 2145238 - $1,000
Order 2145239 - $250

Finally, the trial judge entered an order approving settlement of Order- 2145240 in the amount of $300 (Tr. 282). After receipt of the transcript an order issued to show cause why the tentative bench decisions should not be affirmed as the trial judge's final disposition and decision in this matter.

No cause to the contrary having been shown, it is ORDERED that the tentative bench decisions and order approving settlement be, and hereby are, ADOPTED and AFFIRMED as the final decision in this matter. It is FURTHER ORDERED that the operator pay the amount of the penalties assessed and agreed upon, in the amount of $1,850 on or before Friday, October 26, 1984, and the captioned matters-DISMISSED.

Joseph B. Kennedy
Administrative Law Judge

Distribution:
Leo J. McGinn, Esq., Office of the Solicitor, U.S. Department of Labor, 4015 Wilson Blvd., Arlington, VA 22203 (Certified Mail) Mr. Floyd Barnette, Jr., Owner, Jumacris Mining, Inc., Drawer D, Gilbert, WV 25621 (Certified Mail)

/ejp