Ezel / Agency Decisions / WEVA 85-119

Secretary of Labor v. Thompson Coal & Construction, Inc. (ALJ decision, June 20, 1986)

Secretary of Labor v. Thompson Coal & Construction (FMSHRC WEVA 85-119): Default relief denied

Decision type
ALJ decision
Dockets
WEVA 85-119, WEVA 85-124
Decided
June 20, 1986
Presiding judge
James A. Broderick
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-10-20
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1986 bound only the parties to this case; it isn't precedent. Ask about your situation and see what the current MSHA standards and Commission precedent say, with citations.

Currency note: this decision dates from 1986
The MSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final ALJ decision, not Commission precedent
This post-judgment order was not reviewed by the Commission in the official index. The earlier default orders had already become final Commission decisions under 30 U.S.C. § 823(d)(1). This later ALJ order is not Commission precedent. The full text below is from the official FMSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official FMSHRC release. The full text is the agency's own release.
Read the official release (fmshrc.gov)

Plain-English summary

Thompson Coal & Construction failed to answer two civil penalty petitions, and default orders were entered in both cases. Those orders became final Commission decisions on June 6 and June 7, 1986. The operator moved on June 13 to set aside the defaults and file answers. Acting Chief Judge James A. Broderick found that the operator had offered no sufficient reason for relief under Rule 60(b). He denied both motions. This order does not identify the underlying cited safety standards or penalty amounts.

Decision snapshot

  • Cited standard: None identified in this order on the motions to set aside default.
  • Outcome: Motions to set aside two final default orders denied.
  • Key point: The operator gave no sufficient reason to reopen the already-final defaults.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. THOMPSON COAL & CONSTRUCTION DDATE: 19860620 TTEXT:
~988

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. WEVA 85-119
PETITIONER
A.C. No. 46-06646-03502

v. Docket No. WEVA 85-124
A.C. No. 46-06646-03503
THOMPSON COAL & CONSTRUCTION,
INC.,
River Mine
RESPONDENT

ORDER DENYING MOTIONS TO SET ASIDE ORDERS OF DEFAULT

Before: Judge Broderick

On June 13, 1986, the operator filed motions to set aside orders of default and permit filing of answer. Orders of default in these cases were entered on April 27 and April 28 for failure of the operator to submit answers. Pursuant to section 113 of the Federal Mine Safety and Health Act of 1977, these orders became final Commission decisions on June 6 and June 7. No sufficient reason has been offered which would justify relief from the judgment as provided by Rule 60(b) of the Federal Rules of Civil Procedure, as referenced by Commission Rule 1(b), 29 C.F.R. 2700.1(b).

Accordingly, the motions to set aside the default orders in these cases are DENIED.

James A. Broderick
Acting Chief Administrative Law Judge

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