Ezel / Agency Decisions / WEVA 85-21-C

Local Union 5817, UMWA v. Monument Mining Corporation (Commission decision, June 16, 1988)

Local Union 5817, UMWA v. Monument Mining Corporation (FMSHRC WEVA 85-21-C): Compensation case remanded

Decision type
Commission decision
Docket
WEVA 85-21-C
Decided
June 16, 1988
Outcome
Remanded
Precedential status
Citable Commission precedent
Checked against source
2026-08-20
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this precedent to your situation

This is citable Commission precedent from 1988, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Currency note: this decision dates from 1988
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.
Decision of the Commission
This is a decision of the Federal Mine Safety and Health Review Commission, the highest level of agency review, citable as Commission precedent. The Commission sent the matter back for further proceedings, so this order did not resolve the entire case. Check subsequent history before relying on it. 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

Local Union No. 5817, District 17, UMWA brought a compensation matter involving Monument Mining Corporation and Island Creek Coal Company. The U.S. Court of Appeals for the District of Columbia Circuit reversed the Commission's earlier decision and remanded the matter for further proceedings. The Commission sent the case back to the originally assigned administrative law judge, including for any remaining challenges to the compensation complaint that had not been waived.

Decision snapshot

  • Cited standards: None stated in this order.
  • Outcome: The matter was remanded to the administrative law judge for further proceedings.
  • Key point: The Commission followed the court of appeals' mandate and returned the case for consideration of any unresolved compensation-complaint issues.

Full text (FMSHRC public release)

CCASE:
UMWA V. MONUMENT MINING & ISLAND CREEK COAL DDATE: 19880616 TTEXT:

FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION WASHINGTON, D.C.
June 16, 1988

LOCAL UNION NO. 5817, DISTRICT 17,
UNITED MINE WORKERS OF AMERICA
(UMWA)
v.
Docket No. WEVA 85-21-C
MONUMENT MINING CORPORATION and
ISLAND CREEK COAL COMPANY

BEFORE: Ford, Chairman; Backley, Doyle, Lastowka and Nelson, Commissioners

ORDER

BY THE COMMISSION:

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.

Joyce A. Doyle, Commissioner

James A. Lastowka, Commissioner

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