FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
601 NEW JERSEY AVENUE, NW
SUITE 9500
WASHINGTON, DC 20001
May 24, 2011
JUSTIN NAGEL v. NEWMONT USA LIMITED |
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BEFORE: Jordan, Chairman; Duffy, Young, Cohen, and Nakamura, Commissioners
ORDER
BY THE COMMISSION:
On January 5, 2010, Justin Nagel, acting pro se, filed a complaint of discrimination against Newmont USA Limited (“Newmont”) under section 105(c)(3) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 815(c)(3) (2006). On January 10, 2011, the judge in that case issued a Decision and Order Granting Respondent’s Motion to Dismiss for Failure to Comply with Discovery Orders and Lack of Candor with the Tribunal.
Mr. Nagel filed a Notice of Appeal on January 24, 2011. In that document, he stated that
he was appealing the judge’s decision of January 10, 2011. We treated this document as a
timely-filed petition for discretionary review of the judge’s decision.
Commission Procedural
Rule 70, 29 C.F.R. § 2700.70.
On February 18, the Commission issued an order denying Mr. Nagel’s petition for discretionary review as well as his motion for a new hearing filed on February 11, 2011.
On March 22, Mr. Nagel filed a Motion to Vacate Commission Order, in which he sought to overturn the Commission’s February 18 order.
Pursuant to Commission Procedural Rule 78, 29 C.F.R. § 2700.78, a party may file a
petition for reconsideration of a Commission order within 10 days of its issuance. We will treat
Mr. Nagel’s Motion to Vacate Commission Order as a petition for reconsideration. However,
Mr. Nagel’s motion was filed 32 days after the issuance of the February 18 order and therefore was not timely. Even if it had been timely, we conclude that it did not provide any basis for
reconsidering the February 18 order. For the foregoing reasons, the Motion to Vacate
Commission Order is hereby denied.
The February 18 order denying Mr. Nagel’s petition is the final Commission order in this case. Accordingly, the Commission will no longer accept for filing any document submitted by Mr. Nagel seeking to vacate or modify the February 18 order in any way. If any such document is submitted in the future, the Commission will not consider it and will not issue any order addressing the document.
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Mary Lu Jordan, Chairman
____________________________________
Michael F. Duffy, Commissioner
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Michael G. Young, Commissioner
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Robert F. Cohen, Jr., Commissioner
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Patrick K. Nakamura, Commissioner
Distribution:
Justin Nagel
P.O. Box 182
Rathdrum, ID 83858
Richard Tucker
Newmont Mining
1655 Mountain City Hgwy.
Elko, NV 89801
Richard J. Matthews, Esq.
Rebecca R. Rivenbark, Esq.
Hiliary N. Wilson, Esq.
Newmont Mining
1655 Mountain City Hgwy.
Elko, NV 89801
Donna Vetrano Pryor, Esq.
Patton Boggs LLP
1801 California Street, Suite 4900
Denver, CO 80202
Mark N. Savit, Esq.
Patton Boggs LLP
1801 California Street, Suite 4900
Denver, CO 80202
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 Thomas McCarthy
Federal Mine Safety & Health Review Commission
Office of Administrative Law Judges
601 New Jersey Avenue, N. W., Suite 9500
Washington, D.C. 20001-2021