<DOC>
[DOCID: f:wv200055.wais]

 
UNITED MINE WORKERS OF AMERICA
December 4, 2001
WEVA 2000-55


        FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                   1730 K STREET NW, 6TH FLOOR

                     WASHINGTON, D.C.  20006


                        December 4, 2001

SECRETARY OF LABOR,             :
  MINE SAFETY AND HEALTH        :
  ADMINISTRATION (MSHA)         :
                                :
          and                   :
                                :
UNITED MINE WORKERS OF AMERICA  : Docket No. WEVA 2000-55
                                :
           v.                   :      
                                :
ARCH OF WEST VIRGINIA           :

BEFORE: Verheggen, Chairman; Jordan, Riley and Beatty,
        Commissioners

                              ORDER

BY THE COMMISSION:

     This matter arises under the Federal Mine Safety and Health
Act of 1977, 30 U.S.C. � 801 et seq. (1994) ("Mine Act"). In this 
case, the Secretary of Labor issued two citations to Arch of West 
Virginia ("Arch") for the condition of fuel trucks alleging 
violations of 30 C.F.R. � 77.1606(c), which provides: "Equipment 
defects affecting safety shall be corrected before the equipment 
is used." Arch contested the citations and the United Mine 
Workers of America ("UMWA") intervened in support of the 
Secretary's position.  After a hearing, Administrative Law Judge
Hodgdon vacated the two citations.  23 FMSHRC 447, 452-53 (Apr. 
2001) (ALJ). Although the UMWA filed a petition for discretionary
review with the Commission, the Secretary did not.

     After granting the UMWA's petition, the Commission issued a
briefing order directing the parties to address the issue of the
standing of the UMWA to file an appeal when the Secretary has not
sought review of a judge's decision.  The Commission also invited
the Secretary to address the standing issue.  Pursuant to that
order, the Secretary filed a brief, in which she stated that it
was her intention not to enforce the citations and to vacate them
if the case proceeded.  Sec'y Br. at 1.   Subsequently, the
Secretary vacated both citations.

     In light of the Secretary's vacation of the citations at
issue, we vacate our direction for review and dismiss these
proceedings.


                              ____________________________________
                              Theodore F. Verheggen, Chairman

                              ____________________________________
                              Mary Lu Jordan, Commissioner

                              ____________________________________
                              James C. Riley, Commissioner

                              ____________________________________
                              Robert H. Beatty, Jr., Commissioner



Distribution

Robin A. Rosenbluth, Esq.
Office of the Solicitor
U.S. Department of Labor
4015 Wilson Blvd., Suite 400
Arlington, VA 22203

Judith Rivlin, Esq.
United Mine Workers of America
8315 Lee Highway
Fairfax, VA 22031

Anne Wathen O'Donnell, Esq.
Arch Coal, Inc.
CityPlace One, Suite 300
St. Louis, MO 63141

Administrative Law Judge T. Todd Hodgdon
Federal Mine Safety & Health Review Commission
Office of Administrative Law Judges
5203 Leesburg Pike, Suite 1000
Falls Church, VA 22041