International Union, United Mine Workers of America v. Federal Mine Safety and Health Review Commission
Court of Appeals for the D.C. Circuit
1Opinion of the Court
Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.
HARRY T. EDWARDS, Circuit Judge:
Section 111 of the Federal Mine Safety and Health Act of 1977 (“Act” or “Mine Act”), 30 U.S.C. § 821 (1982), provides for limited payment of lost wages by a mine “operator” to miners idled when the Secretary of Labor (“Secretary”) orders a mine closed temporarily for safety reasons. The narrow issue of statutory construction presented by this case is whether the mine owner — concededly an “operator” within the meaning of the Act — escapes liability under section 111 by virtue of the Secretary’s…
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