Federal Mine Safety and Health Review Commission

• Pages: 363-365

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