Secretary of Labor v. Warrior Met Coal Mining, LLC

Plain-English summary

Warrior Met Coal Mining LLC attempted to answer the Secretary's penalty petition, but the Commission's electronic filing system rejected the submission because the caption contained a typographical error. The company believed the answer had been accepted and also said it did not receive the later show-cause order because the distribution list contained another typographical error. The show-cause order became a default order when no response was filed. The Secretary did not oppose reopening but reminded the company to make future filings on time. The Commission found that the missed response resulted from mistake, vacated the default, and remanded the case for further proceedings.

Decision snapshot

• Cited authority: 30 U.S.C. §§ 823(d)(1) and 823(d)(2)(A)(i); 30 C.F.R. § 100.7; 29 C.F.R. §§ 2700.69(b) and 2700.70(a)
• Outcome: The default order was vacated and the case was remanded to the Chief Administrative Law Judge.
• Key point: Typographical errors that caused a timely attempted filing to be rejected and prevented notice of the show-cause order supported relief from default.

Full text (FMSHRC public release)

FEDERAL
MINE SAFETY AND HEALTH REVIEW COMMISSION

1331
PENNSYLVANIA AVE., N.W., SUITE 520N

WASHINGTON,
DC 20004-1710

SECRETARY
OF LABOR,

MINE
SAFETY AND HEALTH       

ADMINISTRATION
(MSHA)           

v.

WARRIOR
MET COAL MINING LLC

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:

:

:

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Docket
No. SE 2021-0076

A.C.
No. 01-01401-528527

BEFORE: 
Traynor, Chair; Althen and Rajkovich, 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. (2018) (“Mine Act”). On August 12, 2021, the Commission received
from Warrior Met Coal Mining LLC (“WMC”) a motion seeking to reopen a penalty
assessment proceeding and relieve it from the Default Order entered against it.

On
June 14, 2021, the Chief Administrative Law Judge issued an Order to Show Cause
in response to WMC’s perceived failure to answer the Secretary of Labor’s April
12, 2021, Petition for Assessment of Civil Penalty. By its terms, the Order to
Show Cause was deemed a Default Order on July 14, 2021, when it appeared that
the operator had not filed an answer within 30 days.

It
appears that WMC attempted to timely file an answer to the Petition, but the
filing was not accepted by the Commission’s e-filing system due to a
typographical error in the caption. WMC asserts that it believed the answer had
been accepted and was not aware of any problem with the filing. [1]
WMC also states that it never received the Order to Show Cause, noting a
typographical error in the distribution list, and asserts that it would have
timely responded had it been aware of the Order. The Secretary does not oppose
the request to reopen but reminds the operator to ensure all future responses
are timely filed in accordance with MSHA’s regulations at 30 C.F.R. § 100.7 and
the Commission’s procedural rules at 29 C.F.R. Part 2700.                                                       

The
Judge’s jurisdiction in this matter terminated when the default occurred. 29
C.F.R.  § 2700.69(b). Under the Mine Act and the Commission’s procedural rules,
relief from a judge’s decision may be sought by filing a petition for
discretionary review within 30 days of its issuance. 30 U.S.C. §
823(d)(2)(A)(i); 29 C.F.R. § 2700.70(a). If the Commission does not direct
review within 40 days of a decision’s issuance, it becomes a final decision of
the Commission. 30 U.S.C. § 823(d)(1). Consequently, the Judge’s order here has
become a final decision of the Commission. 

In
evaluating requests to reopen final orders, the Commission has found guidance
in Rule 60(b) of the Federal Rules of Civil Procedure under which the
Commission may relieve a party from a final order of the Commission on the
basis of mistake, inadvertence, excusable neglect, or other reason justifying
relief. See 29 C.F.R. § 2700.1(b) (“the Commission and its Judges shall
be guided so far as practicable by the Federal Rules of Civil Procedure”); Jim
Walter Res., Inc. , 15 FMSHRC 782, 786-89 (May 1993). We have also observed
that default is a harsh remedy and that, if the defaulting party can make a
showing of good cause for a failure to timely respond, the case may be reopened
and appropriate proceedings on the merits will be permitted. See Coal Prep. Servs.,
Inc. , 17 FMSHRC 1529, 1530 (Sept. 1995).

Having
reviewed WMC’s request and the Secretary’s response, we find that the lack of
timely response was due to mistake. In the
interest of justice, we hereby reopen the proceeding and vacate the Default
Order. Accordingly, this case is remanded to the Chief Administrative Law Judge
for further proceedings pursuant to the Mine Act and the Commission’s
Procedural Rules, 29 C.F.R. Part 2700.

/s/ Arthur R. Traynor, III

Arthur
R. Traynor, III, Chair

/s/ William I. Althen

William I. Althen, Commissioner

/s/ Marco M. Rajkovich, Jr.

Marco M. Rajkovich, Jr., Commissioner

Distribution (e-mail):

Guy
Hensley

Warrior
Met Coal Mining LLC

16243
Hwy 216

Brookwood
AL 35444

[email protected]

Emily
Toler-Scott, Esq.

Office
of the Solicitor

U.S.
Department of Labor

201
12th St. South, Suite 401

Arlington,
VA 22202-5450

[email protected]

Chief
Administrative Law Judge Glenn Voisin

Federal
Mine Safety & Health Review Commission

1331
Pennsylvania Ave. N.W., Suite 520N

Washington,
DC 20004-1710

[email protected]

Melanie
Garris

Office
of Civil Penalty Compliance

Mine
Safety and Health Administration

U.S.
Department of Labor

201
12th St. South, Suite 401

Arlington,
VA 22202-5450

[email protected]

[1] WMC concedes that
it received an automated notification from the Commission’s    e-filing system
stating that the filing had been rejected as duplicative, but assumed there
would be further communication from the Commission if there was a problem.