RANDALL MECHANICAL INC v. SECRETARY OF LABOR UNITED STATES DEPARTMENT OF LABOR (2020)

United States Court of Appeals, Eleventh Circuit.

RANDALL MECHANICAL, INC., Petitioner, v. SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR, Respondent.

No. 18-12959

Decided: March 18, 2020

Before JORDAN, TJOFLAT, and TRAXLER,* Circuit Judges.

Marci E. Britt, Trenton Hugh Cotney, Cotney Construction Law, LLP, Tampa, FL, Anthony Tilton, Cotney Construction Law, LLP, Tallahassee, FL, for Petitioner Amy S. Tryon, Charles F. James, U.S. Department of Labor, Office of the Solicitor, Washington, DC, Stanley Keen, Karen E. Mock, Office of the Solicitor, US DOL, Sam Nunn Atlanta Federal Center, Atlanta, GA, for Respondent-Appellee

Following oral argument, and a review of the record, we vacate the ALJ’s order granting the Secretary’s motion for reconsideration and dismissing Randall Mechanical’s notice of contest. As we have explained, the “[Occupational Safety and Health Review] Commission and its ALJs are bound to follow the law of the circuit to which the case would most likely be appealed.” Comtran Grp., Inc. v. U.S. Dep’t of Labor, 722 F.3d 1304, 1307 (11th Cir. 2013). The Commission has said the same thing. See Sec’y of Labor v. Interstate Brands Corp., 20 O.S.H. Cas. (BNA) 1102, *3 n.7, 2003 WL 1961274 (2003) (applying Third Circuit law with respect to the Secretary’s burden of proof regarding a certain violation). We therefore remand to the ALJ with instructions to apply Supreme Court and Eleventh Circuit precedent with respect to Randall Mechanical’s Rule 60(b)(1) motion. We express no view on the merits of that motion.

VACATED AND REMANDED.

PER CURIAM:

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