Legal Opinion

Jim Walter Resources, Inc. v. Federal Mine Safety & Health Review Commission

Court of Appeals for the Eleventh Circuit

Decided December 21, 1990No. 87-7484PublishedCited by 1 opinion

1Per curiam

Section 105(c) of the Federal Mine Safety and Health Act of 1977 (“Act”), 30 U.S.C. § 815(c) (1988), prohibits operators of mines from discharging or otherwise discriminating against an employee who has filed a complaint alleging safety or health violations at a mining facility. If a miner believes that he has been discharged in violation of this section, he may file a complaint with the Secretary of Labor (“Secretary”), who is required to initiate a prompt investigation of the alleged violation. Id. § 815(c)(2). If the Secretary finds that the miner’s complaint was “not frivolously brought,”…

2Cases cited23 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Morrissey v. BrewerSupreme Court of the United States · 1972
  3. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  4. Mitchell v. ForsythSupreme Court of the United States · 1985
  5. Cleveland Board of Education v. LoudermillSupreme Court of the United States · 1985

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3Cited by1 opinion

  1. Jim Walter Resources, Inc. v. Federal Mine Safety And Health Review CommissionCourt of Appeals for the Eleventh Circuit · 1990

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