FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

 

OFFICE OF ADMINISTRATIVE LAW JUDGES

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

WASHINGTON, DC 20004-1710

TELEPHONE: 202-434-9958 / FAX: 202-434-9949

 

June 5, 2013

SECRETARY OF LABOR,    MINE SAFETY AND HEALTH  ADMINISTRATION (MSHA),   Petitioner v. WHITE BUCK COAL COMPANY, Respondent

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CIVIL PENALTY PROCEEDING Docket No. WEVA 2013-614 A.C. No. 46-09154-314388-01 Mine: Pocahontas Mine

 

                       

ORDER DENYING STAY

 

Before:            Judge Lesnick

 

            This case is before me upon a petition for assessment of a civil penalty under section 105(d) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 815(d).

           

            The Secretary of Labor's Conference and Litigation Representative ("CLR") has filed a motion requesting that the assignment of the captioned docket be stayed for 180 days due to a "high rate of contests coupled with MSHA's limited staff."  In the past, I have granted stay requests with similar justifications.  Recently, however, the Acting Secretary of Labor assured Congress that MSHA is able to keep caseloads at a manageable level, despite a significant reduction in the staffing of the MSHA Litigation Backlog Project (MLBP).[1]

 

            While I certainly understand the CLR’s justification, as the Commission is also contending with the current backlog, I believe the CLR’s suggested remedy is misguided.  Given that the Acting Secretary of Labor has assured Congress that the Department of Labor has the resources to manage the backlog, the CLR must look within his own Agency for a remedy to his "high rate of contest" and "limited staff[ing]."

 

            WHEREFORE, the motion to stay assignment is DENIED; and it is ORDERED that this docket be ASSIGNED in due course. 

 

                                                                                   

 

 

 

 

                                                                        /s/ Robert J. Lesnick           

Robert J. Lesnick

                                                                        Chief Administrative Law Judge

 

Distribution:

 

Ernie Ross Jr., CLR

U.S. Department of Labor, MSHA

100 Bluestone Rd.

Mt. Hope, WV  25880-1000

 

R. Henry Moore, Esq.

Jackson Kelly PLLC

Three Gateway Center, Suite 1500

401 Liberty Avenue

Pittsburgh, PA  15222

 

/cd