Secretary of Labor v. Allyndale Corporation (Commission decision, January 9, 2024)

Plain-English summary

Allyndale Corporation asked the Commission to reopen a final penalty assessment. The Secretary did not oppose the request. The Commission granted reopening and remanded the matter to the Chief Administrative Law Judge for further proceedings. It stated that granting this motion was not precedential for other reopening requests.

Decision snapshot

• Cited authority: 30 U.S.C. § 813(a)
• Outcome: The assessment was reopened and the matter was remanded.
• Key point: The unopposed reopening was granted on a nonprecedential basis.

Full text (FMSHRC public release)

FEDERAL
MINE SAFETY AND HEALTH REVIEW COMMISSION

1331
PENNSYLVANIA AVE., N.W., SUITE 520N

WASHINGTON,
DC 20004-1710

SECRETARY
OF LABOR,

MINE
SAFETY AND HEALTH

ADMINISTRATION
(MSHA)

                    v.

ALLYNDALE
CORPORATION

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Docket
No. YORK 2022-0075

A.C.
No. 06-00001-560427

BEFORE:
Jordan, Chair; Althen, Rajkovich, and Baker, Commissioners

ORDER

BY THE COMMISSION:

          This matter arises under the Federal Mine Safety and Health

Act of 1977, 30 U.S.C.

§ 801 et seq. (2018) (“Mine Act”). The Commission has received a motion from the operator seeking to reopen a penalty assessment which had become a final order of the Commission pursuant to section 105(a) of the Mine Act, 30 U.S.C. § 813(a).  The Secretary states that he does not oppose the motion.

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.  Consistent with Rule 28, the Secretary shall file a petition for assessment of penalty within 45 days of the date of this order. See 29 C.F.R. § 2700.28.

The granting of this motion is not precedential for the consideration of any other motion before the Commission.

/s/
Mary Lu Jordan

Mary Lu Jordan,
Chai

/s/ William I. Althen

William I. Althen, Commissioner

/s/ Marco M. Rajkovich, Jr.

Marco M. Rajkovich, Jr., Commissioner

/s/ Timothy J. Baker

Timothy J. Baker, Commissioner

Distribution:

Louis
Allyn

Allyndale
Corporation

40
Allyndale Road

P.O.
Box 265

East
Canaan, CT 06024-0265

[email protected]

Bruce
H. Jakubauskas

U.S.
Department of Labor

Mine
Safety and Health Administration

Thorn
Hill Industrial Park

178
Thorn Hill Rd, Suite 100

Warrendale
PA 15086

[email protected]

April
Nelson, Esq.

Associate
Solicitor

Office
of the Solicitor

U.S.
Department of Labor

Division
of Mine Safety and Health

201
12th Street South, Suite 401

Arlington,
VA 22202

[email protected]

Emily
Toler Scott, Esq.

Counsel
for Appellate Litigation

Office
of the Solicitor

U.S.
Department of Labor

Division
of Mine Safety and Health

201
12th Street South, Suite 401

Arlington,
VA 22202

[email protected]

Melanie
Garris

USDOL/MSHA, OAASEI/CPCO

201 12th Street South, Suite 401

Arlington, VA 22202

[email protected]

Chief
Administrative Law Judge Glynn F. Voisin

Federal Mine Safety Health Review Commission

Office
of the Chief Administrative Law Judge

1331 Pennsylvania Avenue, NW Suite 520N

Washington, DC 20004-1710

[email protected]