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MONTEREY COAL CO. v. EVILSIZER

No. 4-83-0656.

123 Ill. App.3d 1032 (1984)

463 N.E.2d 966

MONTEREY COAL COMPANY et al., Plaintiffs-Appellees, v. BRAD EVILSIZER, Director of the Department of Mines & Minerals, Defendant-Appellant (Freeman United Coal Mining Co. et al., Intervening Plaintiffs; Peabody Coal Co., Intervening Plaintiff-Appellee; United Mine Workers of America, District 12, Intervening Defendant).

Appellate Court of Illinois — Fourth District.

Opinion filed May 7, 1984.

Attorney(s) appearing for the Case

Alexandra de Saint Phalle, of Londrigan, Potter & Randle, P.C., of Springfield, for appellant.

Stuart Dobbs, of Denby, Dobbs, Meno & Bloomer, P.C., of Carlinville, for appellee Monterey Coal Co.

Richard R. Elledge, of Gould & Ratner, of Chicago, for appellee Peabody Coal Co.

Edmund J. Moriarity, of Chicago, for appellee Old Ben Coal Co.

Judgment affirmed.

PRESIDING JUSTICE MILLS delivered the opinion of the court:

A single issue.

Does section 6.04(A) of the Coal Mining Act require a preshift examination before company personnel may carry out a "fire watch"?

We hold that it does not.

THE FACTS

In the summer of 1982, the United Mine Workers of America, Local Union No. 9878, petitioned the Mining Board of Illinois for an interpretation of section 6.04(A) of...

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