Babcock Mining Co.; Henry McCoy, Individually and as operator of Babcock Mining Co.; Virgil McMillion, Individually and as Operator of McMillion Enp., Inc., McMillion Enp., Inc., Craft Coal Company (ALJ decision, October 20, 1987)

Plain-English summary

The Secretary of Labor sought default decisions in two discrimination proceedings involving Babcock Mining Company and related respondents. After the respondents failed to answer an order to show cause, Judge William Fauver granted the Secretary's motion for default against the other respondents and treated the petition allegations as true findings of fact and conclusions of law. The judge dismissed Craft Coal Company from the cases and canceled the scheduled hearing. The order did not finally dispose of the cases because a later order for relief was still required.

Decision snapshot

• Governing provisions: None stated in the released order
• Outcome: Craft Coal Company was dismissed as a respondent, default was entered against the other respondents, and final relief was reserved.
• Key point: A default ruling on the allegations did not itself finalize the requested relief.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. BABCOCK MINING
DDATE:
19871020
TTEXT:

Page 2

~1797

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

SECRETARY OF LABOR,
DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA)
Docket No. WEVA 87-106-D
ON BEHALF OF
DAVID WILLIS,
HOPE CD 86-24
COMPLAINANT
HOPE CD 87-2

v. No. 1 Mine

BABCOCK MINING CO.;
HENRY MCCOY, INDIVIDUALLY
AND AS OPERATOR OF BABCOCK
MINING CO.; VIRGIL MCMILLION,
INDIVIDUALLY AND AS OPERATOR
OF MCMILLION ENP., INC.,
MCMILLION ENP., INC., CRAFT
COAL COMPANY,
RESPONDENTS

SECRETARY OF LABOR,
DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. WEVA 87-107-D
ON BEHALF OF ALBERT HALSTEAD,
COMPLAINANT
HOPE CD 87-1
v. HOPE CD 87-4

BABCOCK MINING CO.;
No. 1 Mine
HENRY MCCOY, INDIVIDUALLY
AND AS OPERATOR OF BABCOCK
MINING CO., VIRGIL MCMILLION,
ENP, INC.; CRAFT COAL COMPANY,
RESPONDENTS

DEFAULT DECISION

Before: Judge Fauver

On October 6, 1987, an Order to Respondents to Show Cause was issued, allowing Respondents 10 days to show cause why the Secretary's Motion for a Default Decision should not be granted in each of the above cases.

Respondents have not responded to the Show Cause Order. The Secretary has moved to withdraw Craft Coal Company as a Respondent, and asks for a default decision against the other Respondents.

Page 3

~1798
ORDER

FOR GOOD CAUSE SHOWN IT IS ORDERED:

1. The Secretary's Motion to Withdraw Craft Coal Company as a Respondent is GRANTED, and the above cases are DISMISSED as to Craft Coal Company. The hearing scheduled for October 27, 1987, is CANCELLED.

2. The Secretary's Motion for a Default Decision against the other Respondents shown above is GRANTED in each of the above cases. The allegations of the Petition in each case are deemed to be true and are incorporated herein as Findings of Fact and Conclusions of Law in each case respectively. The Secretary shall have 10 days from this date to submit a proposed order for relief in each of the above cases.

3. This Decision shall not operate as a final disposition of these cases until an order for relief is entered in each of the above cases.

William Fauver
Administrative Law Judge