Secretary of Labor v. RJ Valente Gravel (Commission decision, February 5, 2021)

Plain-English summary

RJ Valente Gravel asked the Commission to reopen default orders in four penalty dockets, and the Secretary did not oppose the motion. Two dockets covered one assessment and two covered another, so the Commission treated each pair as duplicates. It consolidated all four dockets, reopened the matters, and remanded them for further proceedings. Commissioner Althen noted that the motion had been pending for about 827 days and stated that the operator could raise any resulting prejudice before the assigned judge.

Decision snapshot

• Cited authority: 29 C.F.R. § 2700.12
• Outcome: Four dockets were consolidated, reopened, and remanded.
• Key point: Duplicate dockets covering the same assessments were resolved together after the unopposed reopening motion.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

1331 PENNSYLVANIA AVENUE, NW, SUITE 520N WASHINGTON, D.C. 20004-1710

SECRETARY OF LABOR,                               :                                                                         Docket No. YORK 2018-0019

MINE SAFETY AND HEALTH                       :                                                                         A.C. No. 30-03434-448608

ADMINISTRATION (MSHA)                           :

:       Docket No. YORK 2018-0020

:       A.C. No. 30-03434-448608

v.                                                 :

:       Docket No. YORK 2018-0022

:       A.C. No. 30-03434-450955

:

RJ VALENTE GRAVEL                                   :       Docket No. YORK 2018-0023

:       A.C. No. 30-03434-450955

BEFORE: Traynor, Chair; Althen and Rajkovich, Commissioners

ORDER

BY THE COMMISSION:

These matters arise under the Federal
Mine Safety and Health Act of 1977, 30 U.S.C. § 801 et seq. (2018) (“Mine Act”). 1 On August 8, 2018, the Commission received from RJ Valente Gravel (“RJ Valente”) a motion seeking to reopen penalty assessment proceedings and relieve it from the Default Orders entered against it. 2 The Secretary of Labor states that he does not oppose the motion.

1 Two
dockets were created for assessment number 30-03434-448608 — Docket Nos. YORK 2018-0019 and YORK 2018-0020. Because these cases both deal with the same assessment, they should be considered duplicate dockets and resolved in tandem. Similarly, two dockets were created for assessment number 30-03434-450955 — Docket Nos. YORK 2018- 0022 and YORK 2018-0023. These dockets should also be considered duplicate dockets and resolved in tandem. Moreover, all four dockets should be consolidated. Accordingly, we hereby consolidate docket numbers YORK 2018-0019, YORK 2018-0020, YORK 2018-0022, and YORK 2018-0023. 29 C.F.R. § 2700.12.

2 Commissioner Althen notes the movant filed its
motion to reopen on August 8, 2018. If the movant
believes the Commissions’ failure
to respond for approximately 827 days results
in actual prejudice, the movant may bring such claim before
the assigned Judge.

Having reviewed
movant’s unopposed motion to reopen, we reopen this matter and remand it to the Chief Administrative Law Judge for further proceedings pursuant to the Mine Act and the Commission’s Procedural Rules, 29 C.F.R. Part 2700.

/s/
Arthur R. Traynor, III

Arthur
R. Traynor, III, Chair

/s/
William I. Althen

William I. Althen, Commissioner

/s/
Marco M. Rajkovich, Jr.

Marco M.
Rajkovich, Jr., Commissioner

Distribution:

Michael T Cimino, Esq.

Jackson Kelly PLLC

500 Lee Street East

Suite 1600

Charleston, WV 25301

[email protected]

John M. McCracken, Esq.

Office of the Solicitor

Division of Mine Safety and Health

U.S. Department of Labor

201 12th Street South,
Suite 401

Arlington, VA 22202-5452

[email protected]

April Nelson, Esq.

Office of the Solicitor

U.S. Department of Labor

201 12th Street South,
Suite 401

Arlington, VA 22202-5452

[email protected]

Chief Administrative Law Judge
Glynn Voisin

Federal Mine Safety & Health
Review Commission

1331 Pennsylvania Avenue, NW,
Suite 520N

Washington, DC 20004-1710

[email protected]

Melanie Garris

Office of Civil Penalty
Compliance

Mine Safety and Health
Administration

201 12th Street South, Suite 401

Arlington, VA 22202-5452

[email protected]