<DOC>
[DOCID: f:wv9949.wais]
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041
March 8, 2001
SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. WEVA 99-49
Petitioner : Citation No. 46-06051-03754
v. :
:
CANNELTON INDUSTRIES, INC., : Stockton Mine - Portals No. 1
Respondent : and No. 130
:
UNITED MINE WORKERS OF AMERICA, :
LOCAL UNION 8843 :
Intervenor :
SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. WEVA 2000-46
Petitioner : Citation No. 46-06051-03773A
v. :
: Stockton Mine
FRANK MATRAS, employed by :
CANNELTON INDUSTRIES, INC., : Portals No. 1 and No. 130
Respondent :
:
UNITED MINE WORKERS OF AMERICA, :
LOCAL UNION 8843 :
Intervenor :
SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. WEVA 2000-47
Petitioner : Citation No. 46-06051-03774A
v. :
: Stockton Mine
ROBERT HILL, employed by :
CANNELTON INDUSTRIES, INC., : Portals No. 1 and No. 130
Respondent :
:
UNITED MINE WORKERS OF AMERICA, :
LOCAL UNION 8843 :
Intervenor :
DECISION
Appearances: Melonie J. McCall, Esq., Office of the Solicitor,
U.S. Dept. of Labor, Arlington, Virginia;
David J. Hardy, Esq., Heenan, Althen & Roles, LLP,
Charleston, West Virginia;
Mr. William Willis, United Miner's of Workers of
America, Miner's Representative, Pratt, West
Virginia.
Before: Judge Bulluck
These cases are before me upon Petitions for Assessment of
Penalty filed by the Secretary of Labor, through the Mine Safety
and Health Administration ("MSHA"), against Cannelton Industries,
Incorporated ("Cannelton"), pursuant to section 105(d) of the
Federal Mine Safety and Health Act of 1977 ("the Act"), 30
U.S.C. � 815, and Frank Matras and Robert Hill as agents of
Cannelton, pursuant to Section 110(c) of the Act, 30 U.S.C. �
820. The Petition against Cannelton seeks seven civil penalties
totaling $37,000.00 for alleged violations of section 75.1722(b),
30 U.S.C. � 22(b); 75.1725(a), 30 U.S.C. � 1725(a); and 75.400,
30 U.S.C. � 400.[1] The Petitions against Frank Matras and
Robert Hill, individually, seek civil penalties of $7,700.00 and
$5,500.00, respectively, for knowingly authorizing, ordering, or
carrying out, as an agent of Cannelton, the seven violations
charged to Cannelton.
A hearing on the merits was convened on January 30, 2000, in
Charleston, West Virginia. Prior to convening the hearing, the
Parties entered into a discussion and negotiated a settlement,
whereby the Secretary agreed to vacate the charges and penalties
proposed against Matras and Hill, and Cannelton agreed to pay,
in-full, the penalty of $8,600.00. the Orders, initial
assessments, and the proposed settlement amounts are as follows:
Initial Proposed
Order No. Assessment Settlement
4203559 $1,400.00 $1,400.00
4203560 1,200.00 1,200.00
4203655 1,200.00 1,200.00
4204261 1,200.00 1,200.00
4204262 1,200.00 1,200.00
4204264 1,200.00 1,200.00
4204266 1,200.00 1,200.00
TOTAL $8,600.00 $8,600.00
Additionally, under the terms of the agreement, Cannelton is
required to take the following action:
1. lay track between the 2nd North Portal and the 3rd Right
Portal of the No. 130 Mine, which shall be completed by
April 30, 2001;
2. provide training sessions, involving a smoke machine, to
all eight active section crews at the Shadrick Mine and
the No. 130 Mine, on or before December 31, 2001;
3. provide Frank Matras, Robert Hill and Jack Hatfield, Jr.,
with an eight-hour class at the MSHA Academy on the
duties and responsibilities of an agent, on or before
July 31, 2001 (Hatfield, Matras and Hill are to hold a
class for foremen at the Shadrick Mine and No. 130 Mine
on the same subject);
4. pay for the monthly safety runs performed by the Safety
Committee during 2001, for the Shadrick Mine and No. 130
Mine, in accordance with the Collective Bargaining
Agreement;
5. formulate a general plan to clean and maintain the belt
system at the Shadrick Mine and No. 130 Mine, on or
before March 16, 2001; and
6. require a foreman from the No. 130 Mine to regularly
attend the communication meetings between mine management
and the Union, commencing January 31, 2001.
The settlement was approved at hearing, pending filing of
the written, executed agreement. I have considered the
representations and documents submitted in these cases and I
conclude that the proffered settlement is appropriate under the
criteria set forth in section 110(i) of the Act. I hereby
confirm my approval of settlement.
ORDER
The settlement is appropriate and is in the public interest.
WHEREFORE, the approval of settlement is GRANTED, and it is
ORDERED that the charges against Frank Matras and Robert Hill, as
individuals, are VACATED, and the Cannelton PAY a penalty of
$8,600.00 within thirty (30) days of this Order. Upon receipt of
payment, theses cases are DISMISSED.
Jacqueline R. Bulluck
Administration Law Judge
Distribution:
Melonie J. McCall, Esq., Office of the Solicitor, U.S. Dept. of
Labor, 4015 Wilson Blvd., Suite 516, Arlington, VA 22203
David J. Hardy, Esq., Heenan, Althen & Roles, LLP, P.O. Box 2549,
Charleston, WV 25329
William "Bolts" Willis, UMWA Miner's Representative Local Union
8843, P.O. Box 126, Pratt, WV 25162
\nt
**FOOTNOTES**
[1] Upon recognition that MSHA had misapplied the procedures
to be followed pursuant to a mine ownership change, MSHA's office
of Assessments reduced the total proposed penalty against
Cannelton form $37,000.00 to $8,600.00.