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FMSHRC Commission decision Docket YORK 89-10-R, YORK 89-26 Decided February 18, 1992 Procedural Transcribed from scan

Mettiki Coal Corporation

Mettiki Coal Corporation (FMSHRC YORK 89-10-R and YORK 89-26): Petition for reconsideration denied

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Currency note: this decision dates from 1992
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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.
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.
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Plain-English summary

The Commission had previously remanded this proceeding to the presiding administrative law judge. Mettiki Coal Corporation then petitioned for reconsideration, and the Secretary of Labor filed a response. The Commission denied the petition after considering both filings.

Decision snapshot

  • Cited provision: 29 C.F.R. § 2700.75.
  • Outcome: Mettiki's petition for reconsideration was denied.
  • Key point: The Commission left its earlier remand decision in place.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW
1730 K STREET NW, 6TH FLOOR
WASHINGTON, D.C. 20006

                           February 18, 1992

SECRETARY OF LABOR, ..
MINE SAFETY AND HEALTH ..
ADMINISTRATION (MSHA) ..
..
v. .. Docket Nos. YORK 89-10-R
.. YORK 89-26
METTIKI COAL CORPORATION
..

                               ORDER


  On January 10, 1992, the Commission issued its decision in this case and

remanded the proceeding to the presiding administrative law judge. On February
3, 1992, Mettiki filed with the Commission a Petition for Reconsideration. See
29 C.F.R. § 2700.75. On February 10, 1992, the Secretary of Labor filed a
response. Upon consideration of Mettiki's petition and the Secretary's response,
the Petition for Reconsideration is denied.

                                    Richard V. Backley, Commissioner


                                                         ,   John A. Doyle
                                      Jofie A.'Doyle, Commissioner /


                                                   L
                                       Arlene Holen, Commissioner


                                           &LL
                                           L. Clair Nelson, Commissioner




                                            251

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