Cases Currently on Review Before the Commission
No. |
Case Name Docket No. | Date When Review was Granted |
Description of the Case
|
1 | Thomas v. CalPortland Co. WEST 2018-402-DM and WEST 2019-0205 | 1/10/22 | Whether the Judge erred in ruling that the miner had established that the operator had discriminated against him under section 105(c)(3) of the Mine Act. |
Saldivar v. Grimes Rock, Inc. WEST 2021-0178 | 1/14/22 | Whether in a temporary reinstatement case, the Judge erred in ruling that economic reinstatement for the miner should not be tolled. | |
American Soda, LLC formerly known as Solvay Chemicals, Inc. WEST 2020-0278 | 12/14/21 | Whether the Judge erred in concluding that the operator had failed to report an accident in a timely manner. | |
4 | Crimson Oak Grove Resources, LLC SE 2021-0112, et al | 3/2/22 | Whether the Judge erred in denying motions to settle based on his conclusion that the Secretary had failed to provide sufficient information to support the vacating of penalties. |
5 | Knight Hawk Coal, LLC LAKE 2021-0160
| 4/7/22 | Whether the Judge erred in denying motions to settle based on his conclusion that the Secretary had failed to provide sufficient information to support the removal of a “significant and substantial” designation. |
6 | Sec’y o/b/o Otten v. Continental Cement Co. CENT 2021-0013 | 4/8/22 | Whether the Judge erred in concluding that the operator took an adverse employment action against complainant in violation of the anti-discrimination provisions of section 105(c) and the walk-around rights of section 103(f). |
7 | Sec’y o/b/o Smitherman v. Warrior Met Coal Mining LLC SE 2021-0153 | 6/2/22 | Whether the Judge erred in finding that the operator discriminated against complainant in violation of section 105(c) of the Mine Act. |
8 | Consol PA Coal Co.
PENN 2021-0084 | 7/18/22 | Whether the Judge erred in concluding that a missing keeper pin violated 30 C.F.R. § 75.1725(a), that the violation was S&S, and that the violation was caused by low negligence; and whether the Judge erred in concluding that the operator’s permissibility violation was S&S. |
9 | County Line Stone Co.
YORK 2022-0003 | 8/5/22 | Whether the Judge erred in denying motions to settle based on his conclusion that the Secretary had failed to provide sufficient information to support the vacating of penalties. |
Perry Cty Res., LLC KENT 2022-0024 | 12/6/22 | Whether the Judge abused his discretion in denying approval of the settlement motion based on the Secretary’s refusal to provide a section 104(b) order that was associated with a citation that was a subject of the motion to approve settlement. | |
11 | Greenbrier Minerals, LLC WEVA 2022-0403 | 12/6/22 | Whether the Secretary has unreviewable discretion to remove an S&S designation from a contested citation without the Commission’s approval under section 110(k) of the Mine Act. |
12 | Bluestone Oil Corp. WEVA 2022-0176, 2022-0350 | 12/7/22 | Whether the Secretary has unreviewable discretion to remove an S&S designation from a contested citation without the Commission’s approval under section 110(k) of the Mine Act. |
13 | Genesis Alkali, LLC WEST 2022-0189, 2022-0267, 2022-0250 | 12/12/22 | Whether the Judge abused her discretion in denying the Nov. 29, 2022, motions to approve settlement. |
14 | Rulon Harper Constr., Inc., WEST 2022-0249, 2022-0250 | 12/15/22 | (1) Whether the Judge abused her discretion in denying the motions to approve settlement. (2) Whether the Secretary has unreviewable discretion to remove an S&S designation from a contested citation without the Commission’s approval under section 110(k) of the Mine Act. |
15 | SOL obo Hargis v. Vulcan Constr. Materials, LLC SE 2021-0163, 2022-0001, 2022-0013
| 1/9/23 | (1) Whether the Judge erred in terminating economic temporary reinstatement on the date he issued the merits decision; (2) Whether the Judge erred in dismissing the Complainant’s discrimination case on the basis that there was no improper discriminatory motive; (3) Whether the Judge erred in finding that the operator failed to report an occupational injury, in violation of 30 C.F.R. § 50.20(a). |