Duval Corporation v. Raymond J. Donovan, Secretary, United States Department of Labor and Federal Mine Safety and Health Review Commission

STATEMENT OF THE CASE

Duval Corporation (“Duval”) operates a mine in Arizona. It contracted with another company to build a pipeline. In December 1978, an employee of the independent contractor was electrocuted when the boom of a crane touched an overhead power line. A Mine Safety and Health Administration (“MSHA”) inspector cited Duval for violating 30 C.F.R. § 55.12-71 by failing to take adequate precautions regarding the power line.

Duval contested the citation before an Administrative Law Judge (“ALJ”). The ALJ held that the case was controlled by Secretary of Labor v. Old Ben Coal Co., 7 FMSHRC 1480 , aff’d mem., No. 79-2367 (D.C.Cir. Dec. 9, 1980), and fined Duval $5,000. His decision was stamp dated March 4, 1980.

On April 1, 1980 Duval mailed a petition for review to the Federal Mine Safety and Health Review Commission (“the Commission”) in Washington. The Commission received the petition on April 4. The Commission dismissed the petition as untimely, because it was received 31 days after issuance of the ALJ’s decision. Duval filed a petition for reconsideration, which was denied for failure to show good cause for the delay. This appeal followed. We note jurisdiction…