Secretary of Labor obo Alvaro Saldivar v. CalPortland Company obo Grimes Rock, Inc.

Plain-English summary

This temporary-reinstatement case concerned miner Alvaro Saldivar and was under Commission review at Grimes Rock's request. CalPortland later notified the Commission that it had become the facility's operator and would appear on behalf of Grimes Rock. The Commission amended the caption to reflect the operator change. It then granted CalPortland's unopposed motion, vacated the direction for review, and dismissed the appeal.

Decision snapshot

• Cited authority: 30 U.S.C. § 815(c)(2)
• Outcome: The direction for review was vacated and the temporary-reinstatement appeal was dismissed.
• Key point: The successor operator voluntarily ended Commission review of the reinstatement matter.

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)

on
behalf of ALVARO SALDIVAR

v.

CALPORTLAND
COMPANY

on
behalf of GRIMES ROCK, INC.                            

Docket
No. WEST 2021-0178-DM

BEFORE:
Jordan, Chair; Baker and Marvit, Commissioners

ORDER

BY:
THE COMMISSION

This case arises under section 105(c)(2)
of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 815(c)(2)
(2018). [1]
It involves the granting of temporary reinstatement for a miner employed by
Grimes Rock, Inc. (“Grimes Rock”). On December 20, 2024, Grimes Rock filed
a petition for discretionary review of the above-captioned docket, which the
Commission granted. On
March 18, 2025, CalPortland Company (“CalPortland”) filed a Notice of Operator
Change informing the Commission that the facility operating under Mine ID
04-05432 is now operated by CalPortland and that moving forward the respondent
in the instant matter will list the current operator as “CalPortland on behalf
of Grimes Rock, Inc.”

In light of the operator’s submission, we
hereby amend the caption to reflect the change in operator.

On March 18, 2025, CalPortland on
behalf of Grimes Rock also filed an unopposed motion to dismiss this case. Upon
consideration of CalPortland’s motion, the Commission’s direction for review is
hereby VACATED and the operator’s appeal is DISMISSED.  

/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

Kenneth
H. Moss, Esq.

Pachowicz
& Goldenring PLC

6050
Seahawk Street

Ventura,
CA 93003

[email protected]

Tina
Amoke

Pachowicz
& Goldenring PLC

6050
Seahawk Street

Ventura,
CA 93003

[email protected]

Mark
R. Pachowicz, Esq.

Pachowicz
& Goldenring PLC

6050
Seahawk Street

Ventura,
CA 93003

[email protected]

Alvaro
Saldivar

2531
Taffrail Ln.

Oxnard,
CA 93035

[email protected]

Ryan
M. Kooi, Esq.

US
Department of Labor

Office
of the Solicitor

Division
of Mine Safety and Health

200
Constitution Avenue NW, Suite N4428

Washington,
DC 20210

[email protected]

Thomas
A. Paige, Esq.

Deputy
Associate Solicitor

US
Department of Labor

Office
of the Solicitor

Division
of Mine Safety and Health

200
Constitution Avenue NW, Suite N4428

Washington,
DC 20210

[email protected]

Emily
O. Roberts, Esq.

Division
of Mine Safety and Health

Office
of the Solicitor

200
Constitution Avenue NW Suite N4420 – N4430

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]

[1] 30 U.S.C. §
815(c)(2) provides in pertinent part:

Any miner . . .
who believes that he has been discharged, interfered with, or otherwise discriminated
against by any person in violation of this subsection may, within 60 days after
such violation occurs, file a complaint with the Secretary alleging such
discrimination. Upon receipt of such complaint, the Secretary shall forward a
copy of the complaint to the respondent and shall cause such investigation to
be made as he deems appropriate. Such investigation shall commence within 15
days of the Secretary’s receipt of the complaint, and if the Secretary finds
that such complaint was not frivolously brought, the Commission, on an
expedited basis upon application of the Secretary, shall order the immediate
reinstatement of the miner pending final order on the complaint.