Legal Opinion

Council of the Southern Mountains, Inc. v. Federal Mine Safety & Health Review Commission

Court of Appeals for the D.C. Circuit

Decided January 15, 1985No. 84-1092PublishedCited by 11 opinions

1Opinion of the Court

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

HARRY T. EDWARDS, Circuit Judge:

This case presents the question whether a mine operator violates section 105(c)(1) of the Federal Mine Safety and Health Act of 1977 (“Mine Act” or the “Act”) when it refuses to allow nonemployee representatives of coal miners to monitor safety training programs on mine property. Section 105(c)(1) prohibits mine operators from discriminating against or otherwise interfering with the exercise of the statutory rights of any miner or representative of miners. Our review of the Mine Act and its…

2Cases cited3 opinions

  1. 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
  2. Consolidation Coal Company v. Ray MarshallCourt of Appeals for the Third Circuit · 1981
  3. Kentucky Carbon Corp. v. Interior Board of Mine Operations AppealsSupreme Court of the United States · 1975

3Cited by11 opinions

  1. Thunder Basin Coal Co. v. ReichSupreme Court of the United States · 1994
  2. Pendley v. Federal Mine Safety & Health Review CommissionCourt of Appeals for the Sixth Circuit · 2010
  3. Utah Power & Light Co. v. Secretary of LaborCourt of Appeals for the Tenth Circuit · 1990
  4. CalPortland Co. v. Federal Mine Safety & Health Review Commission ex rel. PappasCourt of Appeals for the D.C. Circuit · 2016
  5. Marshall Cnty. Coal Co. v. Fed. Mine Safety & Health Review Comm'n & Sec'y of LaborCourt of Appeals for the D.C. Circuit · 2019

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