Wilson v. MSHR

The Commission declined to review an ALJ's decision regarding plaintiff's complaint of unlawful interference with his rights as a miners' representative under the Federal Mine Safety and Health Amendments Act of 1977, 30 U.S.C. 815(c)(1). The DC Circuit denied the petition for review of the Commission's decision. Under the totality of the circumstances, upon applying the Secretary's test and viewing the evidence in the light most favorable to plaintiff, the court held that the ALJ properly applied the summary decision standard in concluding that the conduct of a miner for Armstrong Coal did not rise to the level of Section 105(c) interference. Consequently, the court had no occasion to reach the miner's contention that the Mine Act does not provide for a private right of action against non-management miners. View "Wilson v. MSHR" on Justia Law