Southern Ohio Coal Co. v. Federal Mine Safety & Health Review Commission

ENGEL, Circuit Judge.

The Southern Ohio Coal Company (“SOC-CO”) petitions for review of an order of the Federal Mine Safety and Health Review Commission (“the Commission”) determining that SOCCO violated section 110 of the Federal Coal Mine Health and Safety Act of 1969, 30 U.S.C. § 820(b) (1976) (amended 30 U.S.C. § 815(c) (Supp. IV 1980)) (“the 1969 Act”)1 when it refused to pay several miners for the remainder of their shift or to provide them with alternative work when the miners refused to work in a section of a mine they believed was unsafe.

The miners worked a 12:00 midnight to 8:00 a.m.…