Consolidation Coal Co. v. Federal Mine Safety & Health Review Commission

SPROUSE, Circuit Judge:

Consolidation Coal Company appeals from the Federal Mine Safety and Health Review Commission’s final order upholding an Administrative Law Judge’s decision that Consolidation improperly suspended Phillip Cameron in retaliation for refusing to perform his job because of a safety concern. We affirm.

I

Cameron was a haulage motorman with considerable experience. He normally operated a twenty-seven-ton locomotive which pulled a “trip” of ten to twelve loaded coal cars from where the coal was mined to the main dumping point. He then returned to his working section of the mine…