Aggregates Manager Digital Magazine
Issue link: http://read.dmtmag.com/i/145964
RockLaw Similarly, in March of this year, Judge Margaret Miller rejected proposed settlements in several dockets concerning citations issued to Marfork Coal Co.'s Brushy Eagle Mine. Secretary of Labor v. Marfork Coal Co., 2013 WL 1856612 (March 22, 2013, ALJ Miller). In Markfork, Judge Miller denied settlement motions submitted by the CLR in five dockets. Judge Miller denied the settlement proposals due to a lack of facts to explain why the modifications were proper. Although the motions included long explanations of the proposed modifications, Judge Miller concluded that the facts were not relevant to the proposed modifications. For instance, many of the explanations in the motions contained facts related to gravity of the violations, yet it was the negligence designation that the parties were seeking to modify. In addition to the decisions by ALJs Moran and Miller, in October of 2012, ALJs McCarthy and Rae each issued orders denying settlement agreements. These decisions were also based upon the fact that the court felt the motions submitted by the Secretary did not contain sufficient facts to justify the modifications proposed. Operators and the Secretary should learn from these recent decisions. Given the heightened scrutiny in which some courts are engaging, the Secretary and operator's representative should work together to ensure that sufficient factual support is included in settlement motions. Operators will need to investigate the facts fully and completely on the front end, and use such facts to their advantage in settlement negotiations. The operator's representative should then push to include as many of these helpful facts and arguments as possible in the settlement motion. Because both the Secretary and the operator wish to see the settlement approved, the Secretary should be willing to include such facts and/or arguments. If the Secretary is unwilling to include such facts and information in the settlement motion, it may very well result in a denial of the settlement proposal and a waste of time and valuable resources. AM ube t th Ag man CCub ee he e Aggman make l ear nn f fu makesselarninigg un!n! CC onnect with youth of of your onnect with the the youthyour community through education. community through education. Whether are sponsoring an an open Whether youyou are sponsoring open house or presenting in classroom, house or presenting in the the classroom, Aggregates Manager community Aggregates Manager community outreach tools make learning outreach tools make learning fun.fun. Cubee the AggMan makes learning fun! "The"The StoryCubee the the Aggregate" Coloring Book Story of of Cubee Aggregate" Coloring Book Cubee and his aggregate friends take children on a magical Cubee and his aggregate friends take children on a magical journey the quarry to the community to see how journey from from the quarry to the community to see how aggregates are used in our schools, roads, and structures. aggregates are used in our schools, roads, and structures. It's a story combined with with 20 of coloring fun. It's a great great story combined 20 pagespages of coloring fun. For students in grades For students in grades K-3. K-3. PricesPrices range from $1.20-$1.85 per book, based on range from $1.20-$1.85 per book, based on quantity. Customize books with your company quantity. Customize books with your company logo! logo! Over Over 100,000 100,000 sold! sold! C onnect with the youth of your community through education. 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Cubee AggMan T-shirts Cubee the the AggMan T-shirts Fun for kids ages, this 100% pre-shrunk cotton t-shirt is a Fun for kids of all of all ages, this 100% pre-shrunk cotton t-shirt is a long-lasting reminder of your or presentation. long-lasting reminder of your eventevent or presentation. Sizes:Sizes: Youth XS (2-4); Small (6-8); Medium (10-12); Large (14-16); Youth XS (2-4); Small (6-8); Medium (10-12); Large (14-16); AdultAdult Small (34-36) Small (34-36) Price: Price: $6.95 per t-shirt 15% 15% shipping & handling). $6.95 per t-shirt (plus (plus shipping & handling). Quantity discounts available. Quantity discounts available. Call 800-430-4540 Call 800-430-4540 Cubee_AGRM0512.indd 1 e-mail: Cubee@Aggman.com or visit www.Aggman.com e-mail: Cubee@Aggman.com or visit www.Aggman.com 4/12/12 2:40 PM Aggregates Manager August 2013 RockLaw_AGRM0813.indd 35 35 7/17/13 1:55 PM