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KERR-McGEE COAL CORP. v. FEDERAL MINE SAFETY & HEALTH

No. 93-1250.

40 F.3d 1257 (1994)

KERR-McGEE COAL CORPORATION, Petitioner, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION, et al., Respondents. International Union, United Mine Workers of America, Intervenor. American Mining Congress; National Coal Association; Wyoming Mining Association, amici curiae.

United States Court of Appeals, District of Columbia Circuit.

Decided December 2, 1994.

Rehearing and Suggestion for Rehearing Denied January 17, 1995.

Attorney(s) appearing for the Case

Charles W. Newcom, Denver, CO, argued the cause and filed the briefs, for petitioner.

Colleen A. Geraghty, Atty., U.S. Dept. of Labor, Washington, DC, argued the cause, for respondents. With her on the brief was W. Christian Schumann, counsel, U.S. Dept. of Labor, Washington, DC. L. Joseph Ferrara, Atty., Federal Mine Safety and Health Review Com'n, Washington, DC, entered an appearance.

Robert H. Stropp, Jr., Washington, DC, filed the brief for intervenor. Mary L. Jordan, Washington, DC, entered an appearance.

Thomas C. Means, J. Michael Klise, Mark G. Ellis, and Harold P. Quinn, Washington, DC, filed the brief, for amici curiae.

Before: SILBERMAN, SENTELLE, and ROGERS, Circuit Judges.

Rehearing and Suggestion for Rehearing In Banc Denied January 17, 1995.

Opinion for the court by Circuit Judge ROGERS.

Concurring opinion by Circuit Judge SENTELLE.

ROGERS, Circuit Judge:

This appeal presents the question whether a non-elected labor organization can serve as a miners' representative at a non-unionized mine under the Federal Mine Safety and Health Amendments Act of 1977 (the "Act"). Petitioner Kerr-McGee Coal Corporation seeks...

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