Donovan ex rel. Anderson v. Stafford Construction Co.
Court of Appeals for the D.C. Circuit
1Opinion of the Court
Opinion for the Court filed by Circuit Judge MIKVA.
MIKVA, Circuit Judge:
The Secretary of Labor petitions this court for review of a Federal Mine Safety and Health Review Commission (“FMSHRC” or “Commission”) decision holding that Stafford Construction Company did not act unlawfully when it discharged Patricia Anderson from her position as bookkeeper-secretary. Because the Commission’s holding is premised on a faulty reading of the pertinent statute, and is not supported by substantial evidence, we reverse and remand for the assessment of backpay and penalties.
I. Background
As we point out…
2Cases cited10 opinions
- National Labor Relations Board v. Transportation Management Corp.Supreme Court of the United States · 1983
- National Labor Relations Board v. ScrivenerSupreme Court of the United States · 1972
- Lanphear v. ProkopCourt of Appeals for the D.C. Circuit · 1983
- Franklin Phillips v. Interior Board of Mine Operations Appeals, Bituminous Coaloperators' Association and Kentucky Carbon Corporation, IntervenorsCourt of Appeals for the D.C. Circuit · 1974
- National Labor Relations Board v. Retail Store Employees Union, Local 876, Retail Clerks International Association, Afl-CioCourt of Appeals for the Sixth Circuit · 1978
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Dantran, Inc. v. U.S. Department of LaborCourt of Appeals for the First Circuit · 1999
- Secretary of Labor v. Keystone Coal Mining Corp.Court of Appeals for the D.C. Circuit · 1998
- Walker Stone Company, Inc. v. The Secretary of Labor Federal Mine Safety and Health Review CommissionCourt of Appeals for the Tenth Circuit · 1998
- John A. Gilbert v. Federal Mine Safety & Health Review Commission and Sandy Fork Mining Co., Inc., and Secretary of LaborCourt of Appeals for the D.C. Circuit · 1989
- William E. Brock, Secretary of Labor, on Behalf of James W. Parker and Joe E. Brown v. Metric Constructors, Inc.Court of Appeals for the Eleventh Circuit · 1985
8 more not listed; retrieve them via the Exa API.