Nomination of Moshe Z. Marvit

Floor Speech

Date: Feb. 27, 2024
Location: Washington, DC


Hon. Bernie Sanders, Chairman, Committee on Health, Education, Labor, and Pensions, U.S. Senate, Washington, DC. Hon. Bill Cassidy, Ranking Member, Committee on Health, Education, Labor, and Pensions, U.S. Senate, Washington, DC.

Dear Chairman Sanders and Ranking Member Cassidy: On behalf of the 450 members of the National Stone, Sand & Gravel Association (NSSGA). I write to express our strong opposition of Moshe Marvit's nomination for the open seat on the Federal Mine Safety and Health Review Commission. Having failed to be approved for this seat twice previously, and with a biased track record against industry operators, we do not believe Mr. Marvit is fit to serve in this position.

NSSGA represents the aggregates industry, and the equipment manufacturers and service providers who support them. Our industry has 9,000 facilities and well over 100,000 employees in high-paying jobs. The industry produces 2.5 billion tons of aggregates annually, which is crucial for sustaining our lifestyle and constructing the nation's infrastructure and communities. These products are fundamental components required for building communities, roads, airports, transit, rail, ports, providing clean water and energy networks.

We recognize the critical role of the Federal Mine Safety and Health Review Commission, as an independent agency charged with the review of legal disputes arising under the Federal Mine Safety and Health Act of 1977 (Mine Act). As you may know, the Commission was established under the Mine Act to ensure fair and impartial adjudication. Unfortunately, Mr. Marvit, a former union attorney, has a long, documented history as a labor activist showing a personal bias against industrial operators. This bias would prevent him from serving as an impartial member of the Commission and his confirmation would pose a significant threat to our industry, companies and employees.

We strongly urge you to reject Mr. Marvit's nomination and work to fill this key position with an individual who will serve impartially, as intended. Sincerely, Michael W. Johnson, President & CEO, National Stone, Sand & Gravel Association.

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