Monument Mining Corporation and Island Creek Coal Company

Plain-English summary

United Mine Workers of America Local Union 5817 brought a compensation proceeding against Monument Mining Corporation and Island Creek Coal Company. After a court and Commission remand, the parties agreed that no liability issue remained and resolved the compensation, interest, and litigation-cost issues. The affected miners were paid, and Island Creek paid the union's appeal costs. Judge George A. Koutras dismissed the case.

Decision snapshot

• Governing provision: 30 U.S.C. § 821
• Outcome: The compensation proceeding was dismissed after the parties reached an agreement and the miners were paid.
• Key point: An ALJ may dismiss a remanded compensation proceeding after the parties resolve the remaining compensation and cost issues.

Full text (FMSHRC public release)

CCASE:
LOCAL UNION 5817, DIST 17, U.M.W.A V. MONUMENT
MINING AND ISLAND CREEK COAL
DDATE:
19890201
TTEXT:

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Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.)
Office of Administrative Law Judges

LOCAL UNION 5817, DISTRICT 17, COMPENSATION PROCEEDING
UNITED MINE WORKERS OF
AMERICA (UMWA), Docket No. WEVA 85-21-C
COMPLAINANT
No. 1 Surface Mine
v.

MONUMENT MINING CORPORATION

      AND

ISLAND CREEK COAL COMPANY,
RESPONDENT'S

                    ORDER OF DISMISSAL

Before: Judge Koutras

 On June 16, 1988, the Commission issued an Order remanding

this case to me for further adjudication, and the Order stated as
follows:

      On February 23, 1988, the United States Court of
      Appeals for the District of Columbia Circuit issued its
      decision in this matter, styled International Union,
      UMWA v. FMSHRC, 840 F.2d 77 (D.C. Cir. 1988), reversing
      the Commission's decision (Local Union No. 5817,
      District 17, UMWA v. Monument Mining Corp. and Island
      Creek Coal Co., 9 FMSHRC 209 (February 1987)), and
      remanding for further proceedings consistent with its
      opinion.

      In accordance with the Court's order, we are obliged to
      remand this matter to the administrative law judge
      originally assigned for further proceedings including,
      if necessary, consideration of any remaining challenges
      by Island Creek Coal Company to the complaint for
      compensation that have not been previously waived.

 On June 28, 1988, I issued an Order requesting the parties

to inform me as to any further appropriate remedial action which
may be required in this case pursuant to the Court's decision,
and the Commission's remand Order of June 16, 1988. In response
to my Order, the parties advised me of their mutual

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agreement that no issue remains on the question of the
respondent's liability, and that the only remaining issues
concern the amount of compensation due the miners, including
interest, and costs of litigation.

 The parties have now reached a mutually satisfactory

agreement with respect to the compensation due the miners,
including interest, and costs of litigation. The record reflects
that all of the affected miners have been compensated and paid
the amounts due them, including interest, and that the respondent
has paid the UMWA for all costs incurred in pursuit of its court
appeal. Under the circumstances, since the parties have reached a
mutual agreement with respect to the final disposition of this
case, I see no reason why it should not now be dismissed.

                        ORDER

 In view of the foregoing, this case IS DISMISSED.

                                George A. Koutras
                                Administrative Law Judge