FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

               OFFICE OF ADMINISTRATIVE LAW JUDGES
              601 NEW JERSEY AVE., N.W., Suite 9500
                      WASHINGTON, D.C. 20001
                                 
                         October 21, 2002

SECRETARY OF LABOR,               :     DISCRIMINATION PROCEEDING
     MINE SAFETY AND HEALTH            :
     ADMINISTRATION (MSHA),            :     Docket No. KENT 2002-114-D
     on behalf of Jimmy Caudill and              :     BARB CD 2001-11
     and Jerry Michael Caudill,             :
               Complainants            :
          v.                                                 :
                                  :
LEECO, INC., and BLUE DIAMOND          :     No. 75 
     COAL COMPANY,                :
               Respondents             :      


                 ORDER DENYING SECRETARY'S MOTION
                     TO OPEN SEALED DOCUMENT

     This case is before me on a complaint of discrimination filed by the Secretary of Labor on
behalf of Jimmy Caudill and Jerry Michael Caudill pursuant to Section 105(c) of the Federal Mine
Safety and Health Act of 1977, 30 U.S.C. § 815(c).  The Secretary has filed a motion seeking to open
a portion of a record that was ordered sealed in another case.  Respondent opposes the motion. 

     The record at issue, a settlement agreement entered into by Jerry Michael Caudill and
Respondent in Commission Docket No. KENT 98-128-D, was ordered sealed by Commission ALJ
Barbour, in a May 28, 1998, Decision Approving Settlement.  Sec'y of Labor on behalf of Caudill v.
Leeco, Inc., 20 FMSHRC 532 (May 1998).  As Respondent correctly points out, a Commission
ALJ's jurisdiction terminates when a decision has been issued.  29 C.F.R.
§ 2700.69(b).  The Secretary's motion seeks relief from that final order of the Commission.  Neither
Chief Judge Barbour, nor the undersigned, has jurisdiction to grant the relief requested. 

     Accordingly, the Secretary's Motion to Open Sealed Document is DENIED. 


     

                                   Michael E. Zielinski
                                   Administrative Law Judge
                                   202-434-9981

Distribution:

MaryBeth Bernui, Esq., Office of the Solicitor, U.S. Department of Labor, 2002 Richard Jones Rd.,
Suite B-201, Nashville, TN 37215-2862 

Stephen A. Sanders, Esq., Appalachian Citizens Law Center, Inc., 207 W. Court St. Suite 202,
Prestonsburg, KY 41653-7725 

Melanie J, Kilpatrick, Esq., Wyatt, Tarrant & Combs, LLP, 250 West Main Street, Suite 1700,
Lexington, KY 40507-1746 

/mh