Secretary of Labor (MSHA) v. Mettiki Coal Corporation (Commission decision, October 16, 1981)

Plain-English summary

MSHA sought $10,000 in civil penalties for seven alleged Mine Act violations by Mettiki Coal Corporation. The parties first proposed a $7,900 settlement, which the judge rejected. Mettiki then agreed to pay the full $10,000 and withdraw its contest, but the judge treated the Secretary's motion to withdraw the penalty petition as another settlement request and denied it. The Commission held that the motion was a withdrawal request under 29 C.F.R. § 2700.11, found the judge abused his discretion in denying it on this record, and dismissed the case. The decision does not decide whether any of the seven alleged violations occurred.

Decision snapshot

• Cited rule: 29 C.F.R. § 2700.11, withdrawal of a pleading.
• Outcome: Secretary's withdrawal motion granted and the case dismissed after Mettiki paid the originally proposed $10,000.
• Key point: Full payment of the proposed amount did not turn the Secretary's withdrawal motion into a settlement motion on this record.

Full text (FMSHRC public release)

CCASE:
MSHA V. METTIKI COAL
DDATE:
19811016
TTEXT:
FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION WASHINGTON, D.C. October 16, 1981 SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION (MSHA) Docket No. YORK 80-140 v.

METTIKI COAL CORPORATION

DECISION
This case is before the Commission on grant of the Secretary of Labor's petition for interlocutory review. Oral argument was held on September 23, 1981. The relevant procedural history is set forth below. This controversy arose when the Secretary filed a petition for assessment of civil penalties totalling $10,000 for seven alleged violations of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. $801 et seq. Mettiki Coal Corporation contested the proposed penalties and the case was assigned to an administrative law judge of the Commission. The parties subsequently agreed to a settlement of the case that included a reduction of the total penalty to $7,900. The judge denied the motion for approval of settlement. Thereafter, the Secretary filed a motion to withdraw the petition for penalty assessment and to dismiss the case. The basis for the Secretary's motion was that Mettiki had advised the Secretary that it desired to withdraw its notice of contest and had tendered full payment of the $10,000 penalty originally proposed. The judge construed the Secretary's motion as one for approval of a settlement and denied the motion. We hold that the judge erred in treating the Secretary's motion as a motion for approval of settlement. The Secretary sought withdrawal of his petition for penalty assessment and dismissal of the case. The fact that the motion was based upon acceptance by the operator of the amount proposed by the Secretary in full does not alter the pleading nor the Rule applicable thereto (29 CFR 2700.11). The posture and circumstances of this case dictate a finding that the judge abused his discretion in denying the motion to dismiss filed by the Secretary. We arrive at this conclusion on the basis of the record which indicates that full payment of the $10,000 penalty sought by the

Secretary is a satisfactory and appropriate resolution of this controversy. This is not to say, however, that the Commission or its judges may not deny a party's motion to withdraw a pleading where the record discloses that resolution of the matter pending would best be served by the Commission's settlement procedures or by an evidentiary hearing. This situation is not presented in this case.
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Accordingly, the Secretary's motion is granted and the case is dismissed.
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Distribution
Ronald E. Meisburg, Esq.
Smith, Heenan, Althen & Zanoli
1110 Vermont Ave., N.W.
Washington, D.C. 20005
Ralph M. Burnett, Esq.
Burnett, Eiswert & Crawford, P.A.
5000 Thayer Center
Oakland, Maryland 21550
Covette Rooney, Esq.
Office of the Solicitor
U.S. Department of Labor
14480 Gateway Bldg.
3535 Market St.
Philadelphia, PA 19104
Leslie Canfield, Esq.
Office of the Solicitor
U.S. Department of Labor
4015 Wilson Blvd.
Arlington, Virginia 22203
Administrative Law Judge John Cook
FMSHRC
5203 Leesburg Pike, 1Oth Floor
Falls Church, Virginia 22041