Ezel / Agency Decisions / HOPE 77-193

Local Union No. 3453, District 17, United Mine Workers of America v. Kanawha Coal Company (Commission decision, September 4, 1979)

Kanawha Coal Company (FMSHRC HOPE 77-193): Miners' compensation and interest affirmed

Decision type
Commission decision
Dockets
HOPE 77-193, IBMA 78-7
Decided
September 4, 1979
Outcome
Citations affirmed
Precedential status
Citable Commission precedent
Checked against source
2026-10-23
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this precedent to your situation

This is citable Commission precedent from 1979, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Currency note: this decision dates from 1979
The MSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Decision of the Commission
The Commission affirmed the judge's award of compensation and interest. This is a final Commission decision, citable as Commission precedent. It may have been appealed to a U.S. Court of Appeals under 30 U.S.C. § 816; check subsequent history before relying on it. The full text below is from the official FMSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official FMSHRC release. The full text is the agency's own release.
Read the official release (fmshrc.gov)

Plain-English summary

A miners' union brought this compensation case against Kanawha Coal Company. The Commission affirmed Administrative Law Judge Stewart's award of compensation and interest under section 110(a) of the 1969 Coal Mine Act. Its short decision cited its Youngstown Mines ruling but did not repeat the underlying facts, state the amount awarded, or explain the calculation.

Decision snapshot

  • Governing provision: Section 110(a) of the Federal Coal Mine Health and Safety Act of 1969, cited for the compensation award.
  • Outcome: Compensation and interest award affirmed; amount not stated in this release.
  • Key point: The Commission affirmed the award by reference to its Youngstown Mines decision.

Full text (FMSHRC public release)

CCASE:
UMWA V. KANAWHA COAL
DDATE:
19790904
TTEXT:

FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION WASHINGTON, D.C.
September 4, 1979

LOCAL UNION NO. 3453, DISTRICT 17,
UNITED MINE WORKERS OF AMERICA
Docket No. HOPE 77-193

v. IBMA No. 78-7

KANAWHA COAL COMPANY

DECISION

This appeal was pending before the Interior Department Board of Mine Operations Appeals as of March 8, 1978. Accordingly, it is before the Commission for disposition. Section 301 of the Federal Mine Safety and Health Amendments Act of 1977, 30 U.S.C. $961 (1978).

The decision of Administrative Law Judge Stewart awarding compensation and interest in this proceeding under section 110(a) of the Federal Coal Mine Health and Safety Act of 1969, 30 U.S.C.
$820(a) (1976)(amended 1977), is affirmed. See our decision in Youngstown Mines Corporation, No. HOPE 76-231 (August 15, 1979).

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