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CONSOL. COAL CO. v. FED. MINE SAFETY COM'N

No. 83-3463.

740 F.2d 271 (1984)

CONSOLIDATION COAL COMPANY, Petitioner, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION, Respondent, and Raymond J. Donovan, Secretary of Labor, Respondent, United Mine Workers of America, Intervenor.

United States Court of Appeals, Third Circuit.

Decided August 13, 1984.

Attorney(s) appearing for the Case

Ronald S. Cusano (argued), Anthony J. Polito, Corcoran, Hardesty, Ewart, Whyte & Polito, P.C., Robert M. Vukas, Pittsburgh, Pa., for petitioner.

Anna L. Wolgast (argued), Francis X. Lilly, Deputy Sol. of Labor, Cynthia L. Attwood, Associate Sol., Michael M. McCord, U.S. Dept. of Labor, Arlington, Va., for respondent Secretary of Labor.

Mary Lu Jordan (argued), Michael H. Holland, Washington, D.C., for intervenor, United Mine Workers.

Before WEIS and BECKER, Circuit Judges, and OLIVER, District Judge.

OPINION OF THE COURT

WEIS, Circuit Judge.

In this appeal, the owner of a coal mine contests its obligation to pay a miner's representative for his time spent in accompanying a federal official on a spot inspection. We conclude that the statutory entitlement to "walkaround pay" applies to both regular and spot inspections. Accordingly, we will deny the owner's petition for review of a penalty for failure to compensate a miner representative.

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