National Cement Company v. Federal Mine Safety and Health Review Commission, Ronny Boswell, Intervenor

DUBINA, Circuit Judge:

This case involves a petition for review of a decision of the Federal Mine Safety and Health Review Commission (“FMSHRC” or “Commission”). The petitioner, National Cement Company (“National Cement”), appeals from an adverse decision by the Commission finding that National Cement unlawfully disqualified employee Ronny Boswell (“Boswell”) in violation of section 105(c) of the Mine Act, 30 U.S.C. § 815(c). The Commission found that Boswell engaged in protected activity when he refused to perform work he reasonably and in good faith believed to be hazardous. For the reasons…