Secretary of Labor obo Jason Hargis v. Vulcan Construction Materials, LLC and Secretary of Labor v. Vulcan Construction Materials, LLC
Secretary of Labor obo Jason Hargis v. Vulcan Construction Materials, LLC (FMSHRC SE 2022-0013): Cross-review cases consolidated for briefing
Apply this precedent to your situation
This is citable Commission precedent from 2023, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.
Plain-English summary
The Secretary of Labor, Vulcan Construction Materials, and miner Jason Hargis each petitioned the Commission to review rulings in related proceedings. The Commission granted all three review petitions and consolidated the cases. It set the same deadlines for each party's opening, response, and reply briefs. The order allowed parties to combine response and reply briefs where appropriate.
Decision snapshot
- Cited authority: No specific Mine Act section or regulation was cited.
- Outcome: Three review proceedings were consolidated and placed on a coordinated briefing schedule.
- Key point: When several parties obtain review in related cases, the Commission may consolidate the proceedings and coordinate all briefs.
Full text (FMSHRC public release)
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
1331 PENNSYLVANIA AVENUE, NW, SUITE 520N
WASHINGTON, D.C. 20004-1710
SECRETARY OF LABOR :
MINE SAFETY AND HEALTH : Docket No. SE 2021-0163
ADMINISTRATION (MSHA) :
on behalf of JASON HARGIS : Docket No. SE 2022-0001
:
v. :
:
VULCAN CONSTRUCTION :
MATERIALS, LLC :
:
SECRETARY OF LABOR : Docket No. SE 2022-0013
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA) :
:
v. :
:
VULCAN CONSTRUCTION :
MATERIALS, LLC :
ORDER
These proceedings all involve cross-petitions for discretionary review by the Secretary of Labor (“Secretary”), Vulcan Construction Materials, LLC (“Vulcan”), and a miner, Jason Hargis (“Complainant”). On January 9, 2023, the Commission granted all three petitions for discretionary review. The cases are hereby consolidated.
The Secretary shall file his opening brief no later than February 21, 2023. Vulcan and the Complainant may file response briefs by March 23, 2023, if they desire. The Secretary may file a reply brief no later than April 12, 2023.
Vulcan shall file its opening brief no later than February 21, 2023. The Secretary and the Complainant may file response briefs by March 23, 2023, if they desire. Vulcan may file a reply brief no later than April 12, 2023.
The Complainant shall file his opening brief no later than February 21, 2023. Vulcan and the Secretary may file response briefs by March 23, 2023, if they desire. The Complainant may file a reply brief no later than April 12, 2023.
Any party may elect to consolidate their response briefs to any opening briefs and any reply briefs in accordance with this briefing schedule.
/s/ Mary Lu Jordan
Mary Lu Jordan, Chair
/s/ William I. Althen
William I. Althen, Commissioner
/s/ Marco M. Rajkovich, Jr.
Marco M. Rajkovich, Jr., Commissioner
/s/ Timothy J. Baker
Timothy J. Baker, Commissioner
Distribution:
Emma P. Cusumano, Attorney
April E. Nelson, Associate Solicitor
Emily Toler Scott, Counsel for Appellate Litigation
Office of the Solicitor
U.S. Department of Labor Division of Mine Safety & Health
201 12th Street South, Ste. 401
Arlington, VA 22202
Melanie Garris
U.S. Department of Labor
Mine Safety and Health Administration
201 12th Street South, Suite 401
Arlington, VA 22202-5452
Christopher M. Smith, Esq.
Office of the Solicitor
U.S. Department of Labor
618 Church Street, Suite 230
Nashville, TN 37219
Elaine M. Youngblood, Esq.
Ortale Kelley
330 Commerce Street, Suite 110
Nashville, TN 37201
Margaret S. Lopez, Esq.
William K. Doran, Esq.
Ogletree, Deakins, Nash, Smoak & Stewart, PC
1901 K Street NW, Suite 1000
Washington, DC 20006
Chief Administrative Law Judge Glynn F. Voisin
Office of the Chief Administrative Law Judge
Federal Mine Safety & Health Review Commission
1331 Pennsylvania Avenue, NW, Suite 520N
Washington, DC 20004-1710
Administrative Law Judge Michael Young
Office of the Chief Administrative Law Judge
Federal Mine Safety & Health Review Commission
1331 Pennsylvania Avenue, NW, Suite 520N
Washington, DC 20004-1710
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