Wilson v. Federal Mine Safety & Health Review Commission

Concurring opinion by Circuit Judge MILLETT.

ROGERS, Circuit Judge:

The question presented by the petition is whether the Federal Mine Safety and Health Review Commission, upon declining to review a decision of an Administrative Law Judge, see 30 U.S.C. § 823(d)(1), erred in rejecting Michael Wilson’s complaint of unlawful “interference” with his rights as a miners’ representative under the Federal Mine Safety and Health Amendments Act of 1977 (“the Mine Act”), 30 U.S.C. § 815(c)(1). Wilson’s challenge arises in the context of a Section 105(c) “interference” allegation by a non-employee…