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EASTERN ASSOC. COAL v. FED. MINE S. & H. REV. COM'N

Nos. 86-3832(L), 86-3833.

813 F.2d 639 (1987)

EASTERN ASSOCIATED COAL CORPORATION, Petitioner, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION and Secretary of Labor, Mine Safety and Health Administration (MSHA), on behalf of Robert A. Ribel, and Robert A. Ribel, Respondents. Robert A. RIBEL, Petitioner, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION and Eastern Associated Coal Corporation, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided March 9, 1987.

Attorney(s) appearing for the Case

Ronald S. Cusano (Anthony J. Polito; Corcoran, Hardesty, Whyte & Polito, P.C.; Sally S. Rock, Associate General Counsel, Eastern Associated Coal Corp., Pittsburgh, Pa., on brief), for Eastern Associated Coal Corporation.

Barbara Jo Fleischauer, Morgantown, W.Va., for Robert A. Ribel.

Vicki Shteir-Dunn (George R. Salem, Deputy Associate Solicitor; Cynthia L. Attwood, Associate Sol.; Ann S. Rosenthal, Counsel, Appellate Litigation; Linda L. Leasure, Asst. Counsel, Arlington, Va., on brief), for Secretary of Labor.

Before SPROUSE, ERVIN and CHAPMAN, Circuit Judges.

CHAPMAN, Circuit Judge:

Two factually separate issues are presented in this appeal and cross-appeal. On the first issue, we find that the decision of the Administrative Law Judge, affirmed by the Federal Mine Safety and Health Review Commission, that the Eastern Associated Coal Corporation had discharged its employee Robert A. Ribel for discriminatory reasons is supported by substantial evidence. On the second issue, which is Appellant Ribel's claim for reimbursement...

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