Magma Copper Co. v. Secretary of Labor

DUNIWAY, Circuit Judge:

The issue in this case is whether § 103(f) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 813(f), requires that, when an inspection of a mine is conducted by more than one inspector, each of whom acts separately and inspects a different part of the mine, one representative of miners may accompany each inspector without loss of pay if he is an employee of the mine operator. The Federal Mine Safety and Health Review Commission held that the Act does so provide, and we affirm.

I. Background.

The facts are not in dispute. Magma Copper Company (“Magma”)…