Ezel / Agency Decisions / WEVA 85-69-R

Southern Ohio Coal Company v. Secretary of Labor (ALJ decision, July 31, 1985)

Southern Ohio Coal Company v. Secretary of Labor (FMSHRC WEVA 85-69-R): Walkaround pay citation vacated

Decision type
ALJ decision
Docket
WEVA 85-69-R
Decided
July 31, 1985
Presiding judge
James A. Broderick
Outcome
Citations vacated
Precedential status
Final order, not precedent
Checked against source
2026-10-20
Cited standards
30 U.S.C. § 813(f)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1985 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 1985
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 decision became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because no later Commission review appears in the official index for this docket. It binds the parties but 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

MSHA cited Southern Ohio Coal Company for failing to pay two union walkaround representatives who accompanied an inspection at its Martinka No. 1 Mine. Further investigation showed that the two inspectors had traveled together, so the Secretary concluded that only one representative needed to be paid. The Secretary withdrew the citation and MSHA vacated it. Judge James A. Broderick dismissed the contest as moot.

Decision snapshot

  • Cited authority: Mine Act section 103(f), 30 U.S.C. § 813(f).
  • Outcome: Citation No. 2412582 vacated; contest dismissed as moot.
  • Key point: The withdrawn citation no longer presented a live dispute for the judge to decide.

Full text (FMSHRC public release)

CCASE:
SOUTHERN OHIO COAL V. SOL (MSHA)
DDATE:
19850731
TTEXT:
~1111
Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SOUTHERN OHIO COAL COMPANY, CONTEST PROCEEDING CONTESTANT
Docket No. WEVA 85-69-R
v. Citation No. 2412582; 12/14/84

SECRETARY OF LABOR,
Martinka No. 1 Mine
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
RESPONDENT

ORDER VACATING CITATION
AND DISMISSING PROCEEDING

Before: Judge Broderick

On July 29, 1985, the Secretary filed a "motion to withdraw" the citation contested herein. The citation was issued for a violation of section 103(f) because of the failure of contestant to pay the two UMWA walkaround representatives for the time they accompanied MSHA inspectors during an inspection of the subject mine. Further investigation revealed that the two inspectors were travelling together, and therefore only one walkaround representative need be paid. The citation is being vacated by MSHA.

Therefore, the above proceeding is moot and this case is DISMISSED.

James A. Broderick
Administrative Law Judge

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