MONTEREY COAL v. FED. MINE SAFETY & HEALTH REVIEW

No. 83-2651.

743 F.2d 589 (1984)

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

United States Court of Appeals, Seventh Circuit.

Decided September 14, 1984.


Attorney(s) appearing for the Case

Stuart Dobbs, Springfield, Ill., for petitioner.

Anna L. Wolgast, Dept. of Labor, Arlington, Va., for respondents.

Mary Lu Jordan, United Mine Workers of America, Washington, D.C., for intervenor-respondent.

Before CUMMINGS, Chief Judge, CUDAHY, Circuit Judge, and FAIRCHILD, Senior Circuit Judge.


CUDAHY, Circuit Judge.

The sole issue in this appeal is whether section 103(f) of the Federal Mine Safety and Health Amendments of 1977, 30 U.S.C. § 813(f), requires mine operators to pay wages to a miner representative accompanying a federal mine inspector conducting a "spot" mine inspection. In United Mine Workers v. Federal Mine Safety and Health Review Commission, 671 F.2d 615 (D.C.Cir.) ("United Mine Workers

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