Federal Mine Safety and Health Review Commission

Pages:363-365
 
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FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 363
Arbitration FMCS, on the joint request
of employers and unions, will also assist
in the selection of arbitrators from a roster
of private citizens who are qualified as
neutrals to adjudicate matters in dispute.
For further information, contact the
Office of Arbitration Services. Phone,
202–606–5111.
For further information, contact the Public Affairs Office, Federal Mediation and Conciliation Service, 2100 K
Street NW., Washington,DC 20427. Phone, 202–606–8100. Internet, http://www.fmcs.gov.
FEDERAL MINE SAFETY AND HEALTH REVIEW
COMMISSION
601 New Jersey Avenue NW.,Suite 9500, Washington, DC 20001–2021
Phone, 202–434–9900. Internet, http://www.fmshrc.gov.
Chairman MARY LUCILLE JORDAN
Commissioners ROBERT F. COHEN,JR., MICHAEL
F. DUFFY,PATRICK NAKAMURA,
MICHAEL G. YOUNG
Chief Administrative Law Judge ROBERT J. LESNICK
General Counsel MICHAEL A. MCCORD
Executive Director LISA M. BOYD
The Federal Mine Safety and Health Review Commission ensures compliance with
occupational safety and health standards in the Nation’s surface and underground
coal, metal, and nonmetal mines.
The Federal Mine Safety and Health
Review Commission is an independent,
adjudicative agency established by
the Federal Mine Safety and Health
Act of 1977 (30 U.S.C. 801 et seq.), as
amended. It provides administrative trial
and appellate review of legal disputes
arising from enforcement actions taken
by the Department of Labor.
The Commission consists of five
members who are appointed by the
President with the advice and consent
of the Senate and who serve staggered
6-year terms. The Chairman is appointed
from among the Commissioners by the
President.
The Commission and its Office of
Administrative Law Judges are charged
with deciding cases brought before
it by the Mine Safety and Health
Administration, mine operators, and
miners or their representatives. These
cases generally involve review of the
Administration’s enforcement actions,
including citations, mine-closure orders,
and proposals for civil penalties issued
for violations of the act or the mandatory
safety and health standards promulgated
by the Secretary of Labor. The
Commission also has jurisdiction over
discrimination complaints filed by miners
or their representatives in connection
with their safety and health, complaints
for compensation filed on behalf of
miners idled as a result of mine closure
orders issued by the Administration, and
disputes over mine emergency response
plans.
Cases brought before the
Commission are assigned to the Office
of Administrative Law Judges, and
hearings are conducted pursuant to
the requirements of the Administrative
Procedure Act (5 U.S.C. 554, 556) and
the Commission’s procedural rules (29
CFR 2700).
A judge’s decision becomes a final but
nonprecedential order of the Commission
40 days after issuance unless the
Commission has directed the case for
review in response to a petition or on its
own motion. If a review is conducted,
a decision of the Commission becomes
final 30 days after issuance unless a
party adversely affected seeks review in
the U.S. Circuit Court of Appeals for the

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