Legal Opinion

John A. Gilbert v. Federal Mine Safety & Health Review Commission and Sandy Fork Mining Co., Inc., and Secretary of Labor

Court of Appeals for the D.C. Circuit

Decided January 27, 1989No. 87-1499PublishedCited by 9 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

This case involves a petition for review of a decision of the Federal Mine Safety and Health Review Commission (“FMSHRC” or “Commission”). The petitioner, John Gilbert, a miner working for Sandy Fork Mining Company (“Sandy Fork”), claims that he was fired by Sandy Fork because of his refusal to perform work that he reasonably believed to be unsafe, and that this action by the employer violated section 105(c)(1) of the Federal Mine Safety and Health Act of 1977 (“Act” or “Mine Act”), 30 U.S.C. §…

2Cases cited6 opinions

  1. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  2. Retail, Wholesale and Department Store Union, Afl-Cio v. National Labor Relations Board, National Labor Relations Board v. Coca Cola Bottling Works, Inc.Court of Appeals for the D.C. Circuit · 1972
  3. Local 900, International Union of Electrical, Radio and MacHine Workers, Afl-Cio v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 1984
  4. Robert Simpson v. Federal Mine Safety and Health Review CommissionCourt of Appeals for the D.C. Circuit · 1988
  5. Donovan ex rel. Anderson v. Stafford Construction Co.Court of Appeals for the D.C. Circuit · 1984

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3Cited by9 opinions

  1. Sylvia Singletary v. Howard UniversityCourt of Appeals for the D.C. Circuit · 2019
  2. National Cement Company v. Federal Mine Safety and Health Review Commission, Ronny Boswell, IntervenorCourt of Appeals for the Eleventh Circuit · 1994
  3. Seymore v. Lake Tahoe Cruises, Inc.District Court, E.D. California · 1995
  4. Leeco, Inc. v. Ricky Hays and Federal Mine Safety and Health Review CommissionCourt of Appeals for the D.C. Circuit · 1992
  5. Borden v. Amoco Coastwise Trading Co.District Court, S.D. Texas · 1997

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