FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
1331 PENNSYLVANIA AVENUE, NW, SUITE 520N
WASHINGTON, D.C. 20004-1710
July 7, 2014
SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION (MSHA)
v.
WEST ALABAMA SAND & GRAVEL, INC. |
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Docket No. SE 2009-870-M
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BEFORE: Jordan, Chairman; Young, Cohen, Nakamura, and Althen, Commissioners
ORDER
BY THE COMMISSION:
On August 22, 2012, the Commission issued an order granting the Secretary of Labor’s petition for discretionary review and staying briefing in these matters. After careful reconsideration, we have determined that briefing in this case would aid in the resolution of the issues presented. Accordingly, the order staying briefing is now lifted.1
The Secretary of Labor shall file his opening brief within 30 days of the date of this order. Briefing will then proceed as specified in 29 C.F.R. § 2700.75.
/S/ Mary Lu Jordan
Mary Lu Jordan, Chairman
Distribution:
Clatus Junkin, Esq.
Junkin, Pearson, Harrison, Junkin, & Pate, LLC
P.O. Box 688
202 3rd Street, N.E.
Fayette, AL 35555
Charles E. Harrison, Esq.
Junkin, Pearson, Harrison, Junkin, & Pate, LLC
P.O. Box 3119
Tuscaloosa, AL 35403
W. Christian Schumann, Esq.
Office of the Solicitor
U.S. Department of Labor
110 Wilson Blvd., Room 2220
Arlington, VA 22209-2296
1 The Commission recognizes that the Direction for Review was issued in August 2012 and briefing was stayed at that time. The stay occurred during a period of a rapid buildup in the Commission case load. The Commission regrets the delay in issuing this Order.