Secretary of Labor v. Geneva Rock Products, Inc.

Plain-English summary

Potential individual and criminal Mine Act violations in the Geneva Rock case had been referred to the Department of Justice. The ALJ stayed the civil proceeding indefinitely while the criminal investigation and any later proceedings remained pending. The Commission granted the Secretary's request for interlocutory review. It agreed to decide whether the ALJ abused his discretion by imposing an indefinite stay and set a briefing schedule.

Decision snapshot

• Cited authority: 30 U.S.C. §§ 820(c) and 820(d); 29 C.F.R. § 2700.76(a)
• Outcome: Interlocutory review of the indefinite stay was granted.
• Key point: The Commission agreed to review whether a civil Mine Act case could remain stayed indefinitely for a parallel criminal investigation.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

1331 PENNSYLVANIA AVENUE, NW, SUITE 520N

WASHINGTON, DC 20004-1710

SECRETARY OF LABOR
:

MINE SAFETY AND
HEALTH :

ADMINISTRATION
(MSHA) :

:

                    v.
                                           :        Docket No. WEST 2022-0097

:

GENEVA ROCK
PRODUCTS, INC. :

BEFORE: Jordan, Chair; Althen, Rajkovich, and Baker, Commissioners

ORDER

BY: Jordan, Chair;
Althen and Baker, Commissioners

        This

matter arises under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. §
801 et seq. (2018). Alleged violations at issue in this proceeding were
referred to the Department of Justice (“DOJ”) for potential indictments under
section 110(c) and 110(d) of the Mine Act, 30 U.S.C. §§ 820(c), (d). On July
17, 2023, a Commission Administrative Law Judge issued an order staying the instant
proceeding pending the completion of the DOJ’s criminal investigation and any
subsequent proceedings. On October 4, the Commission received the Secretary of
Labor’s petition for interlocutory review.

        Commission

Procedural Rule 76(a) provides that interlocutory review is a matter of sound
discretion of the Commission, and that the Commission may grant interlocutory
review upon a determination that the Judge’s interlocutory ruling involves a
controlling question of law and immediate review will materially advance the
final disposition of the proceeding. 29 C.F.R. §
2700.76(a).

        Upon consideration of the Secretary’s petition, we

hereby grant interlocutory review of the Judge’s order of July 17, 2023. The
issue on interlocutory review is whether the Judge abused his discretion when
he ordered a stay of the case for an indefinite duration.

The Secretary
shall file an opening brief with the Commission within 30 days of this order,
and remaining briefs shall be filed in accordance with Commission Procedural
Rule 75, 29 C.F.R. § 2700.75 .

/s/ Mary Lu Jordan

Mary Lu Jordan, Chair

/s/ William I.
Althen

William I. Althen, Commissioner

/s/ Timothy J.
Baker

Timothy J. Baker, Commissioner

Distribution:

Jason
Hardin, Esq.

Artemis
Vamianakis, Esq.

Fabian
Vancott

95 South
State Street, Suite 2300

Salt
Lake City, UT 84111

[email protected]

[email protected]

April
Nelson, Esq.

Associate
Solicitor

Office
of the Solicitor

U.S.
Department of Labor

Division
of Mine Safety and Health

201
12th Street South, Suite 401

Arlington,
VA 22202

[email protected]

Emily
Toler Scott, Esq.

Counsel
for Appellate Litigation

Office
of the Solicitor

U.S.
Department of Labor

Division
of Mine Safety and Health

201
12th Street South, Suite 401

Arlington,
VA 22202

[email protected]

Melanie
Garris

USDOL/MSHA, OAASEI/CPCO

201 12th Street South, Suite 401

Arlington, VA 22202

[email protected]

Emily
O. Roberts, Esq.

Alexandra
J. Gilewicz, Esq.

Office of the Solicitor

U.S.
Department of Labor

Division
of Mine Safety and Health

201
12th Street South, Suite 401

Arlington, VA 22202

[email protected]

[email protected]

Administrative
Law Judge David P. Simonton

Federal Mine Safety Health Review Commission

Office
of the Chief Administrative Law Judge

721 19th Street, Suite 443

Denver, CO 80202-2500

[email protected]

Chief
Administrative Law Judge Glynn F. Voisin

Federal Mine Safety Health Review Commission

Office
of the Chief Administrative Law Judge

1331 Pennsylvania Avenue, NW Suite 520N

Washington, DC 20004-1710

[email protected]