FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
1331 PENNSYLVANIA AVE., N.W., SUITE 520N
WASHINGTON, DC 20004-1710
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SECRETARY OF LABOR MINE SAFETY AND HEALTH ADMINISTRATION (MSHA) on behalf of ALVARO SALDIVAR
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CALPORTLAND COMPANY on behalf of GRIMES ROCK, INC. |
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Docket No. WEST 2021-0178-DM
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BEFORE: Jordan, Chair; Baker and Marvit, Commissioners
ORDER
BY: THE COMMISSION
This case arises under section 105(c)(2) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 815(c)(2) (2018).[1] It involves the granting of temporary reinstatement for a miner employed by Grimes Rock, Inc. (“Grimes Rock”). On December 20, 2024, Grimes Rock filed a petition for discretionary review of the above-captioned docket, which the Commission granted. On March 18, 2025, CalPortland Company (“CalPortland”) filed a Notice of Operator Change informing the Commission that the facility operating under Mine ID 04-05432 is now operated by CalPortland and that moving forward the respondent in the instant matter will list the current operator as “CalPortland on behalf of Grimes Rock, Inc.”
In light of the operator’s submission, we hereby amend the caption to reflect the change in operator.
On March 18, 2025, CalPortland on behalf of Grimes Rock also filed an unopposed motion to dismiss this case. Upon consideration of CalPortland’s motion, the Commission’s direction for review is hereby VACATED and the operator’s appeal is DISMISSED.
/s/ Mary Lu Jordan
Mary Lu Jordan, Chair
/s/ Timothy J. Baker
Timothy J. Baker, Commissioner
/s/ Moshe Z. Marvit
Moshe Z. Marvit, Commissioner
Distribution
Kenneth H. Moss, Esq.
Pachowicz & Goldenring PLC
6050 Seahawk Street
Ventura, CA 93003
Tina Amoke
Pachowicz & Goldenring PLC
6050 Seahawk Street
Ventura, CA 93003
Mark R. Pachowicz, Esq.
Pachowicz & Goldenring PLC
6050 Seahawk Street
Ventura, CA 93003
Alvaro Saldivar
2531 Taffrail Ln.
Oxnard, CA 93035
Ryan M. Kooi, Esq.
US Department of Labor
Office of the Solicitor
Division of Mine Safety and Health
200 Constitution Avenue NW, Suite N4428
Washington, DC 20210
Thomas A. Paige, Esq.
Deputy Associate Solicitor
US Department of Labor
Office of the Solicitor
Division of Mine Safety and Health
200 Constitution Avenue NW, Suite N4428
Washington, DC 20210
Emily O. Roberts, Esq.
Division of Mine Safety and Health
Office of the Solicitor
200 Constitution Avenue NW Suite N4420 – N4430
Washington, DC 20210
Melanie Garris
US Department of Labor/MSHA
Office of Assessments, Room N3454
200 Constitution Ave NW
Washington, DC 20210
Chief Administrative Law Judge Glynn F. Voisin
Office of the Chief Administrative Law Judge
Federal Mine Safety & Health Review Commission
1331 Pennsylvania Avenue, NW, Suite 520N
Washington, DC 20004-1710
[1] 30 U.S.C. § 815(c)(2) provides in pertinent part:
Any miner . . . who believes that he has been discharged, interfered with, or otherwise discriminated against by any person in violation of this subsection may, within 60 days after such violation occurs, file a complaint with the Secretary alleging such discrimination. Upon receipt of such complaint, the Secretary shall forward a copy of the complaint to the respondent and shall cause such investigation to be made as he deems appropriate. Such investigation shall commence within 15 days of the Secretary’s receipt of the complaint, and if the Secretary finds that such complaint was not frivolously brought, the Commission, on an expedited basis upon application of the Secretary, shall order the immediate reinstatement of the miner pending final order on the complaint.