Raymond J. Donovan, Secretary of Labor, on Behalf of Johnny N. Chacon v. Phelps Dodge Corporation

Opinion for the Court filed by Senior Circuit Judge McGOWAN.

McGOWAN, Senior Circuit Judge:

The question presented in this case is whether the Federal Mine Safety and Health Review Commission properly reversed an administrative law judge’s (ALJ’s) finding that Phelps Dodge Corporation illegally discriminated against an employee active in promoting mine safety when it twice disciplined him for alleged on-the-job infractions. Unlike the Administrative Procedure Act, 5 U.S.C. § 557(b) (1976), the Commission’s generic statute limits the agency’s review of an ALJ’s findings of fact to an inquiry…