FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES

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

WASHINGTON, DC 20004-1710

TELEPHONE: 202-434-9956 / FAX: 202-434-9949

February 24, 2016

JONATHAN BETHEL WOODWARD,                            Complainant                         v. CARMEUSE LIME AND STONE,                            Respondent

DISCRIMINATION PROCEEDING Docket No. SE 2016-59-DM SE-MD-15-23 Mine: Filled Products – North Mill Mine ID: 09-01094

ORDER

This proceeding is before me upon a complaint of discrimination under section 105(c)(3) of the Federal Mine Safety and Health Act of 1977, as amended, 30 U.S.C. § 815(c)(3).

The Respondent in this 105(c)(3) action has requested a subpoena to compel the Mine Safety and Health Administration (MSHA) to produce its investigative file. In order to protect the rights of both parties to this litigation,[1] under Rule 60(a) of the Commission’s procedural rules, 29 C.F.R. § 2700.60(a), I am ordering sua sponte the compulsory production of documents, namely MSHA’s investigative file in the matter of Woodward v. Carmeuse Lime & Stone, MSHA Case No. SE-MD-15-23. The file will be submitted to the Court for in camera review before distribution of properly releasable documents to the parties.[2]

MSHA is hereby ORDERED to submit the investigative file directly to me by mail marked “Private, Judge’s Eyes Only” within 30 days of the date of this order.

/s/ Priscilla M. Rae

                                                                              Priscilla M. Rae

                                                                              Administrative Law Judge

Enclosure: Subpoena to Thomas W. Charboneau, Acting Director, MSHA Office of

    Assessments, Accountability, Special Enforcement & Investigations

Distribution:

Thomas W. Charboneau, Acting Director, MSHA Office of Assessments, Accountability, Special Enforcement & Investigations, U.S. Department of Labor, 201 12^th Street South, Arlington, VA 22202-5452

Jason Grover, Esq., Office of the Solicitor, U.S Department of Labor, 201 12^th Street South, Arlington, VA 22202-5452

Arthur M. Wolfson, Esq., Jackson Kelly PLLC, Three Gateway Center, Suite 1500, 401 Liberty Avenue, Pittsburgh, PA 15222

Jonathan B. Woodward, 201 South 4th Street, Chatsworth, GA 30705

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[1] I note that the Complainant is proceeding pro se in this matter.

[2] The Respondent previously filed a FOIA (Freedom of Information Act) request for the investigative file which was answered by a letter from MSHA stating that the statutory time limits for processing the request could not be met due to “unusual circumstances.” This explanation is vague and broad and will result in effective denial of the FOIA request, as production will be untimely for litigation purposes. I find this denial suspect and contrary to the public’s right to information and to the opinion expressed in Justice Marshall v. MSHA, Civil Action No. 2:14-14438 (S.D.W. Va. July 31, 2015) (memorandum opinion and order compelling MSHA to produce documents for in camera review).