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FMSHRC Commission decision Docket WEVA 87-272 Decided July 20, 1989 Procedural Transcribed from scan

Secretary of Labor and United Mine Workers of America v. Birchfield Mining Company

Secretary of Labor and United Mine Workers of America v. Birchfield Mining Company (FMSHRC WEVA 87-272): Settlement motion accepted after one-day filing delay

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Currency note: this decision dates from 1989
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 Commission order granted leave to file a joint settlement motion one day late and accepted that motion for filing. It is a decision of the Federal Mine Safety and Health Review Commission, the highest level of agency review, and is citable as Commission precedent. It may have been appealed to a U.S. Court of Appeals after issuance under 30 U.S.C. § 816; check subsequent history before relying on it. The full text below is an OCR transcription from the official FMSHRC release. Obvious OCR misreads have been corrected.
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.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

Plain-English summary

The Commission had given the Secretary of Labor and the United Mine Workers of America until July 14, 1989, to respond to Birchfield Mining Company's renewed motion to dismiss and offer of judgment or to file a joint settlement motion. The joint motion arrived on July 17, one day after the Secretary's requested filing deadline as described in the order. The Commission granted leave to file out of time and accepted the joint motion for settlement approval. This short order did not itself state the settlement terms or decide the underlying motion to dismiss.

Decision snapshot

  • Cited standard(s): None stated in this order.
  • Outcome: Leave to file the joint settlement motion one day late was granted, and the motion was accepted for filing.
  • Key point: The Commission allowed the settlement motion to be filed after the stated deadline and accepted it for consideration.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION
WASHINGTON, D.C.
July 20, 1989

SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA)
and
UNITED MINE WORKERS OF AMERICA

v. Docket No. WEVA 87-272

BIRCHFIELD MINING COMPANY

                              ORDER

By order dated July 6, 1989, the Commission granted the Secretary of
Labor and the United Mine Workers of America until July 14, 1989, within
which to respond to the renewed motion to dismiss and offer of judgment
of Birchfield Mining Company ("Birchfield") or to submit with Birchfield a
joint motion for approval of settlement. On July 17, 1989, the Secretary's
Joint Motion for Approval of Settlement was hand-delivered to the
Commission along with the Secretary's Motion for Leave to File Joint Motion
One Day Out of Time. Upon consideration of the latter motion, it is
granted and the Joint Motion for Approval of Settlement is accepted for
filing this date.

For the Commission:

Richard V. Backley, Commissioner

1244

Distribution

Anthony J. Cicconi, Esq.
Shaffer & Shaffer
300 State Street
P.O. Box 38
Madison, West Virginia 25130-0038

William D. Stover, Esq.
MAE Services
40 Eagles Road
Beckley, West Virginia 25801

Mary Lu Jordan, Esq.
United Mine Workers of America
900 15th Street, N.W.
Washington, D.C. 20005

Henry Chajet, Esq.
Doyle & Savit
919 18th Street, N.W.
Suite 1000
Washington, D.C. 20006

William E. Hynan, Esq.
National Coal Association
1130 17th Street, N.W.
Washington, D.C. 20036

Michael T. Heenan, Esq.
Smith, Heenan & Althen
1110 Vermont Avenue, N.W.
Suite 400
Washington, D.C. 20005

Edward M. Green, Esq.
Mark G. Ellis, Esq.
American Mining Congress
1920 N Street, N.W., Suite 300
Washington, D.C. 20036

Dennis Clark
U.S. Department of Labor
Office of the Solicitor
4015 Wilson Boulevard
Arlington, VA 22203

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