Ezel / Agency Decisions / WEVA 93-339-D

Secretary of Labor o/b/o Poddey v. Tanglewood Energy, Inc. (Commission decision, January 10, 1994)

Secretary of Labor o/b/o Poddey v. Tanglewood Energy, Inc. (FMSHRC WEVA 93-339-D): Premature review petition dismissed

Decision type
Commission decision
Docket
WEVA 93-339-D
Decided
January 10, 1994
Outcome
Procedural
Precedential status
Citable Commission precedent
Checked against source
2026-08-14
Cited standards
30 U.S.C. § 823(d)(2)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

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This is citable Commission precedent from 1994, 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 1994
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. 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 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

The Secretary sought Commission review of an administrative law judge's liability decision in a discrimination case before the judge had issued a final order on damages. The Commission held that the petition was premature and dismissed it without prejudice. The Secretary could file a new petition for discretionary review after the damages decision issued.

Decision snapshot

  • Governing provision: 30 U.S.C. § 823(d)(2)
  • Outcome: The Secretary's petition for review was dismissed without prejudice as premature.
  • Key point: In a discrimination case, Commission review was not available before the ALJ issued the final order on damages.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. TANGLEWOOD ENERGY
DDATE:
19940110
TTEXT:

Page 2

~26

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1730 K Street NW, 6th Floor
Washington, D.C. 20006

January 10, 1994

SECRETARY OF LABOR,
:
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA),
:
on behalf of PERRY PODDEY :
:
v. : Docket No. WEVA 93-339-D
:
TANGLEWOOD ENERGY, INC.,
:
:

ORDER

On December 29, 1993, the Secretary of Labor ("Secretary"), filed a petition with the Federal Mine Safety and Health Review Commission under Section 113(d)(2) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 823(d)(2)(1988). The Administrative Law Judge presiding in thi discrimination proceeding has not yet issued his final order on damages. The Commission has dismissed as premature petitions seeking review of a judge's decision finding liability in discrimination cases before the decision on damages is issued. See Kenneth A. Wiggins v. Eastern Associated Coal Co., 5 FMSHRC 1668 (October 1983). The Secretary's petition is premature and is dismissed without prejudice. The Secretary may file a petition for discretionary review after issuance of the judge's decision on damages.

_______
Arlene Holen, Chairman
______
Richard V. Backley, Commissioner
_____
Joyce A. Doyle, Commissioner
________
L. Clair Nelson, Commissioner

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