Aggregates Manager Digital Magazine
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overbroad and unduly burdensome in that they encompassed a five-year period. The Secretary claimed that the operator bears the burden of showing that her investigative authority was exceeded under §§ 103(a) and (h). The ALJ noted that warrants were not required for admin- istrative searches made pursuant to the Mine Act [Donovan v. The ALJ found that a warrant was not required for the production of the documents, and the operator had no privacy rights in the personnel files. Dewey, 452 U.S. 594, 604 (1981)]. Hence, he found that a war- rant was not required for production of the documents, and the operator had no privacy rights in the personnel files. The ALJ found that MSHA's purpose of promoting miner safety outweighed any potential privacy interest a miner or mine operator had in the personnel files. Moreover, the ALJ found that the operator had no standing to assert privacy rights of the employees who were not a party to the proceeding. The ALJ found that in § 103(h) Congress clearly intended for the Secretary to have access to more than just those files required to be kept under the Mine Act by requiring the op- erator to "provide such information as the Secretary . . . may reasonably require from time to time to enable [her] to per- form [her] functions under this Act." One such function, the ALJ found, is the investigation of discrimination claims made by miners to determine whether there has been a violation of the Act. The ALJ decided that, where the Secretary's function is the evaluation of a discrimination claim, information that is relevant to assessing the merits of that claim, including evidence of pro- tected activity, adverse action, or discriminatory intent, may be "reasonably required." The ALJ concluded that the Secretary was entitled to the requested personnel files and that the operator interfered with MSHA's investigation when it refused to provide the files. The ALJ noted that the operator had the ability to redact those por- tions of the records that were sensitive. This case is pending before the Review Commission on the operator's petition for discretionary review. LAND/RESERVES PURCHASE Natural Resource Partners L.P., a publicly traded master limited partnership, is interested in purchasing land, surface and mineral rights and minerals processing infrastructure. NRP purchases actively mined aggregate reserves from landowners, as well as from aggregate producers through a sale/leaseback for future royalty payments. All cash purchases, NRP has the ability to close and fund quickly. Funds may be used for recapitalization, partner buy-out, operating capital, equipment purchases, plant expansion, etc. Acquisitions@nrplp.com Toll Free (Phone/Fax) 866-973-8886 www.nrplp.com Write 156 on Reader Service Card or visit www.AggMan.com/info 50 Untitled-13 1 nrp_aggregates_halfpage_ad_0727.indd 1 AGGREGATES MANAGER September 2012 7/27/12 10:36 AM 8/13/12 2:55 PM NSSGA Member