No. 81-2300.

709 F.2d 86 (1983)

Raymond J. DONOVAN, Secretary of Labor, on Behalf of Johnny N. CHACON, Petitioner, v. PHELPS DODGE CORPORATION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided June 7, 1983.

Attorney(s) appearing for the Case

Ann S. Rosenthal, Atty., Dept. of Labor, Washington, D.C., with whom Cynthia L. Attwood, Associate Sol., and Michael A. McCord, Atty., Dept. of Labor, Washington, D.C., were on brief, for petitioner.

Stephen W. Pogson, Phoenix, Ariz., for respondent.

Before ROBINSON, Chief Judge, WILKEY, Circuit Judge, and McGOWAN, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge McGOWAN.

McGOWAN, Senior Circuit Judge:

The question presented in this case is whether the Federal Mine Safety and Health Review Commission properly reversed an administrative law judge's (ALJ's) finding that Phelps Dodge Corporation illegally discriminated against an employee active in promoting mine safety when it twice disciplined him for alleged on-the-job infractions. Unlike the Administrative Procedure...

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