Secretary of Labor v. North American Mining Company

Plain-English summary

A show-cause order was treated as a default after the Commission record appeared to contain no timely answer from North American Mining. The operator produced an electronic case-management confirmation showing that it had filed its answer four days after the show-cause order and well before the deadline. The Secretary supported reopening. The Commission held that the operator was never in default, declared the show-cause and default orders null, vacated the default, and remanded the case.

Decision snapshot

• Cited authority: 29 C.F.R. Part 2700
• Outcome: The default order was vacated and the case was remanded.
• Key point: An electronic filing confirmation established timely compliance and eliminated the basis for 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.

NORTH
AMERICAN MINING

COMPANY

Docket
No. SE 2024-0059

A.C.
No. 08-01058-588041

BEFORE: 
Jordan, Chair; Baker, and Marvit 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. (2024) (“Mine Act”). On December 13, 2024, the Commission
received from North American Mining Company (“North American Mining”) a
motion seeking to reopen a penalty assessment proceeding and relieve it from
the Default Order entered against it.

On
March 11, 2024, the Chief Administrative Law Judge issued an Order to Show
Cause to North American Mining by U.S. Postal Service Certified Mail. On April
10, 2024, the Order to Show Cause assessment was deemed a final order of the
Commission, when it appeared that the operator had not filed an Answer within
30 days.         

North
American Mining asserts that it timely filed its Answer to the Order to Show
Cause on March 15, 2024. The operator provides a confirmation email of receipt
from the Commission’s electronic case management system (“e-CMS’) supporting
its claim. The Secretary supports the request to reopen.

Having reviewed North American
Mining’s request and the Secretary’s response, we
conclude that the operator was not in default under the terms of the Order to
Show Cause as it timely complied with the Order. See Vulcan Constr.
Materials , 33 FMSHRC 2164 (Sept. 2011). This renders the Order to Show
Cause and Default Order a nullity. Accordingly, the default order is vacated,
and 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/
Mary Lu Jordan

Mary
Lu Jordan, Chair

/s/
Timothy J. Baker

Timothy J. Baker, Commissioner

/s/
Moshe Z. Marvit

Moshe Z. Marvit,
Commissioner

Distribution:

Christopher
D. Friez, Esq.

North
American Mining Company

918
E. Divide Avenue, Suite 200

Bismarck,
ND 58501

[email protected]

Thomas
A. Paige, Esq.

Office
of the Solicitor

U.S.
Department of Labor

Division
of Mine Safety and Health

200
Constitution Avenue NW, Suite
N4428

Washington,
DC 20210

[email protected]

Melanie
Garris

US
Department of Labor/MSHA

Office
of Assessments, Room N3454

200
Constitution Ave NW

Washington,
DC 20210

[email protected]

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

[email protected]