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U.S. Department of Labor 3,; cf .r S, J - <br /> 1?61 <br /> Telecopier (303)844-5521 <br /> (303) 844-6603 FTS: 564-5521 <br /> FTS: 564-6603 SOL:DEN:JHB :Jld <br /> Rep!y to the%�ttent on of <br /> October 21 , 1988r--4r--•--_-.- <br /> Judge John J. Morris OGT 241988 ; <br /> Mine Safety and Health Review <br /> Commission - --- <br /> Office of Administrative Law Judges =i _� � = •4� �.i& <br /> 1244 Speer Boulevard <br /> Suite 280 <br /> Denver, CO 80204 <br /> Re: Mid-Continent Resources, Inc. v. Secretary of Labor <br /> Order No. 3 ; 9/23/88 <br /> Mine: Dutch Creek <br /> SOL File No. 8910911 <br /> Dear Judge Morris: <br /> We have reviewed the suggestions that 1) this case be referred to a <br /> settlement judge, and 2) all Mid-Continent cases be consolidated and <br /> stayed pending a resolution of this case. <br /> With respect to the suggestion that this case be referred to a settle- <br /> ment judge, we believe such action would be inappropriate. The settle- <br /> ment Mid-Continent seeks would restrict the statutory authority of MSHA <br /> to inspect Mid-Continent. We believe such a restriction is inconsistent <br /> with MSHA's duty to protect the safety of miners to the full extent of its <br /> statutory ability. Such a restriction would also be unfair to other opera- <br /> tors who must comply fully with all safety regulations, without benefit of a <br /> negotiated reduced responsibility. <br /> With respect to the suggestion that all Mid-Continent cases be consol- <br /> idated and stayed, we also believe this to be inappropriate. We believe it <br /> to be in the best interest of all parties, including the miners, to bring a <br /> speedy resolution to all matters between the parties. A delay in hearing <br /> the cases is, we believe, not in the interest of MSHA nor the miners. <br /> Sincerely, <br /> Henry C. Mahiman <br /> Associate Regional Solicitor <br /> By <br /> Jam'es 14. Barkley <br /> A t_t o_n ey <br /> cc: Edward Mulhall, Jr. , Esq. <br />