CONSOLIDATION COAL v. FEDERAL MINE SAFETY & HEALTH

No. 85-2369.

795 F.2d 364 (1986)

CONSOLIDATION COAL COMPANY, Petitioner, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION and Secretary of Labor, Mine Safety and Health Administration (MSHA) on Behalf of Phillip Cameron, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided July 8, 1986.


Attorney(s) appearing for the Case

Robert M. Vukas, Consolidation Coal Co. (Ronald S. Cusano, Corcoran, Hardesty, Whythe & Polito, P.C., Pittsburgh, Pa., on brief) for petitioner.

Ann Rosenthal, Appellate Litigation, U.S. Dept. of Labor, Arlington, Va. (George R. Salem, Deputy Sol. of Labor, Cynthia L. Attwood, Associate Sol., Barry F. Wisor, Washington, D.C., on brief) for respondents.

Before SPROUSE and ERVIN, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.


SPROUSE, Circuit Judge:

Consolidation Coal Company appeals from the Federal Mine Safety and Health Review Commission's final order upholding an Administrative Law Judge's decision that Consolidation improperly suspended Phillip Cameron in retaliation for refusing to perform his job because of a safety concern. We affirm.

I.

Cameron was a haulage motorman with considerable experience. He normally operated a twenty-seven-ton locomotive which pulled...

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