Former Edenborn man new chief judge of mine health review commission
Judge Robert J. Lesnick said experience he got as the son of a miner living in one of Fayette County’s coal patches will help him greatly in his new position. Lesnick, a native of Edenborn, was sworn in as the chief judge of the Federal Mine Safety and Health Review Commission. The oath of office was administered by Judge John M. Vittone, another Fayette County native and chief judge of the Office of Administrative Law Judges, U.S. Department of Labor. Lesnick’s wife, Kathryn, daughter of Irene and Michael Zumerling of Masontown, stood at his side.
“I am excited to take the position,’ Lesnick said.
“I suppose some folks would say the die is cast, but I am excited, not just because this work takes advantage of my background and career, but having grown up in the coal field I really do think I have much to offer.
“You can’t grow up in Fayette County and not have a healthy respect for mining and miners,’ he said.
Lesnick, born in Uniontown but raised in Edenborn and McClellandtown, is the son of the late John A. and Elizabeth Pinchot Lesnick, who lived in Edenborn next to McClellandtown. His father was a miner for decades, until the mine there closed.
His appointment is a permanent position.
“It’s not a political appointment. The whole thrust is that we be impartial. While obviously my background helps me to understand the job, my job is to be impartial under the Administrative Procedure Act my responsibility is to give due process to everybody in the courtroom. Everybody gets a fair shake.’
He interviewed several times for the job and was ultimately selected by the federal Mine Safety and Health Review Commission.
Lesnick was sworn in on Monday.
Lesnick attended All Saints Grade School and Kolb Memorial High School in Masontown, graduating in 1970 as valedictorian. He earned a bachelor of arts degree in economics from St. Vincent College in Latrobe, graduating summa cum laude in 1974. He received his juris doctorate from the University of Virginia School of Law in 1977.
Lesnick began private law practice as a corporate tax attorney with the firm of Smith, Gill, Fisher & Butts in Kansas City, Mo., representing such clients as H & R Block and Universal Press Syndicate. Beginning his federal service in 1979, he served with the Department of Labor Office of the Solicitor, in Kansas City, Denver, and Washington, D.C., representing the department on various issues including mine safety and health matters.
From 1990-94 he was a special trial counsel with the Treasury Department during the savings and loan crisis.
His special trial team was responsible for a record penalty of $60 million dollars in the litigation involving Charles Keating and Lincoln Savings.
Lesnick previously served as a United States Administrative Law Judge from 1994 to 1999 with the Pittsburgh Hearing Office for the Social Security Administration, the last four years as the chief judge. Since 1999 he has served with the U.S. Department of Labor’s Pittsburgh office.
The Federal Mine Safety and Health Review Commission is an independent adjudicative agency that provides administrative trial and appellate review of legal disputes arising under the Federal Mine Safety and Health Act of 1977.
Federal mine inspectors employed by the Department’s Mine Safety and Health Administration (MSHA) enforce regulations covering health and safety in the nation’s mines by issuing citations and orders to mine operators.
The commission is concerned solely with the adjudication of disputes under the mine act, including the determination of appropriate penalties. The Commission was established as an independent agency to ensure its impartiality.
Most cases deal with civil penalties assessed against mine operators and address whether the alleged safety and health violations occurred as well as the appropriateness of proposed penalties. Other types of cases include orders to close a mine, miners’ charges of safety-related discrimination and miners’ requests for compensation after the mine is idled by a closure order.
The commission’s judges decide cases at the trial level. The Office of Administrative Law Judges has offices in Washington, D.C., and Denver, Colorado.
Vittone, who administered the oath, is a former resident of Masontown. He resides in Silver Spring, Md., with his wife, Karen Talbot Vittone, also a former resident of Masontown.
The swearing in was attended by a number of area residents including Lesnick’s sisters, Suzanne Lesnick Schuessler of Uniontown, and Mary Jane Lesnick Mertz of North Huntington.
Also attending the ceremony were Dr. Joel Gaydos, formerly of Edenborn, Mr. and Mrs. John P. Alexander, formerly of Masontown, and Lesnick’s two sons, Ensign Robert J. Lesnick and Alexander Lesnick.