FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
601 NEW JERSEY AVENUE, NW
SUITE 9500
WASHINGTON, DC 20001
May 11, 2010
SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION (MSHA), S & M COAL COMPANY, ALFRED BROWN COAL COMPANY, and B & B COAL COMPANY |
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BEFORE: Jordan, Chairman; Duffy, Young, Cohen, and Nakamura, Commissioners
ORDER DENYING PETITION FOR DISCRETIONARY REVIEW
BY THE COMMISSION:
This matter arises under the Federal Mine Safety and Health Act of 1977, 30 U.S.C.
§ 801 et seq. (2006) (“Mine Act”). The petition for discretionary review filed in this matter by
Orchard Coal Company, S&M Coal Company, Alfred Brown Coal Company, and B&B Coal
Company (hereinafter “Anthracite Operators”),
states that the Mine Safety and Health
Administration is enforcing Mine Act requirements in a way that has denied the Anthracite
Operators the opportunity to seek modification of the requirements under section 101(c) of the
Act, 30 U.S.C. § 811(c). The Anthracite Operators thus include within their petition for review a
petition for relief under section 101(c).
The Commission is without jurisdiction to entertain a petition for relief under section
101(c). The statute clearly states that such petitions are to be directed to the Secretary of Labor,
and the modification process is the sole province of the Secretary or her designee.
Consequently, the relief the Anthracite Operators seek under section 101(c) can only be granted
by the Secretary.
No two Commissioners having voted to grant the petition for review on the issues over which the Commission does have jurisdiction, it is denied.
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Mary Lu Jordan, Chairman
____________________________________
Michael F. Duffy, Commissioner
____________________________________
Michael G. Young, Commissioner
____________________________________
Robert F. Cohen, Jr., Commissioner
____________________________________
Patrick K. Nakamura, Commissioner
Distribution
Bradley S. Tupi, Esq.
Kenneth G. Scholtz, Esq.
Tucker Arensburg, PC
1500 One PPG Place
Pittsburgh, PA 15222
Stephen D. Turow, Esq.
Lynny Bowman Dunbar, Esq.
Office of the Solicitor
U.S. Department of Labor
1100 Wilson Blvd., 22nd Floor
Arlington, VA 22209-2296
W. Christian Schumann, Esq.
Office of the Solicitor
U.S. Department of Labor
1100 Wilson Blvd., Room 2220
Arlington, VA 22209-2296
Administrative Law Judge Alan Paez
Federal Mine Safety & Health Review Commission
Office of Administrative Law Judges
601 New Jersey Avenue, N.W., Suite 9500
Washington, D.C. 20001-2021
Administrative Law Judge Michael Zielinski
Federal Mine Safety & Health Review Commission
Office of Administrative Law Judges
601 New Jersey Avenue, N.W., Suite 9500
Washington, D.C. 20001-2021