Local Union 5817, UMWA v. Monument Mining Corporation

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