Franklin Phillips v. Interior Board of Mine Operations Appeals, Bituminous Coaloperators' Association and Kentucky Carbon Corporation, Intervenors

WILKEY, Circuit Judge:

In this case the court is called upon to determine whether the discharge of coal miner Phillips, petitioner, was violative of the Federal Coal Mine Health and Safety Act of 1969 1 2[hereinafter Safety Act]. We find that Phillips brought himself within the penumbra of the Safety Act by notifying his foreman of defective equipment creating dangerous working conditions. Such safety violations, followed by worker notification to management and an ensuing disagreement, are not to be equated with a simple labor dispute; safety violations bring section 110(b)(1) of the Safety…