Cumberland River Coal Co. v. Federal Mine Safety & Health Review Commission

OPINION

JOHN T. FOWLKES, JR., District Judge.

This appeal comes before the court because of the Federal Mine Safety and Health Review Commission’s (the “Commission”) denial of Cumberland River Coal Company (“CRCC”) request for a Review of the Administrative Law Judge’s (“ALJ”) decision. The ALJ found that CRCC discriminated against Charles Howard, a coal miner, under Section 105(c) of the Federal Mine Safety and Health Act of 1977 (the “Mine Act”), 30 U.S.C. § 815(c), because of his previous protected activity and that CROC’s asserted business justification for Howard’s termination was…