United Mine Workers of America on behalf of William Keith Burgess, Glenn Loggins, David McAteer, B. Ray Pate and others

Plain-English summary

The United Mine Workers brought Mine Act discrimination complaints on behalf of miners against MSHA and four MSHA employees. After the D.C. Circuit held that MSHA officials acting under color of their authority could not be sued under section 105(c), it vacated the Commission's earlier decision and sent the matter back. The Commission followed the court's mandate and dismissed the complaints against the four MSHA employees. The Commission had already affirmed dismissal of the complaints against MSHA itself.

Decision snapshot

• Governing provision: 30 U.S.C. § 815(c)
• Outcome: The complaints against the four MSHA employees were dismissed pursuant to the court's mandate.
• Key point: MSHA officials acting under color of their authority are not subject to Mine Act section 105(c) discrimination suits.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

               1730 K STREET NW, 6TH FLOOR

                 WASHINGTON, D.C.  20006


                     August 6, 1999

UNITED MINE WORKERS OF AMERICA :
on behalf of :
WILLIAM KEITH BURGESS, :
GLENN LOGGINS, DAVID McATEER, :
B. RAY PATE AND OTHERS :
:
v. : Docket Nos. SE 96-367-D
: SE 97-18-D
SECRETARY OF LABOR, :
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), :
MICHAEL J. LAWLESS, FRANK YOUNG, :
TOM MEREDITH, and JUDY McCORMICK :

BEFORE: Jordan, Chairman; Marks, Riley, Verheggen, and Beatty,
Commissioners

                          ORDER

BY THE COMMISSION:

 In this discrimination proceeding, arising under the

Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801
et seq. (1994) ("Mine Act" or "Act"), complaints were brought
by the United Mine Workers of America on behalf of several
miners, alleging that the Department of Labor's Mine Safety
and Health Administration ("MSHA") and four of its employees
had discriminated against the miners in violation of section
105(c) of the Mine Act, 30 U.S.C. § 815(c). Administrative
Law Judge Jacqueline Bulluck initially determined that neither
MSHA nor its employees are subject to proceedings filed
pursuant to the section 105(c). 19 FMSHRC 294 (Feb. 1997).
On review of that decision, the Commission affirmed the judge's
holding that MSHA is immune from such suits, and her dismissal
of the complaints against MSHA, but vacated the dismissal of
the suits against the four MSHA employees on the ground that
MSHA employees are not totally immune to suit for Mine Act
violations. 20 FMSHRC 691 (July 1998).

 Subsequently, the MSHA employees filed a petition for

review in the United States Court of Appeals for the District
of Columbia Circuit. The court, holding that MSHA officials
acting under color of their authority are not amenable to suit
under section 105(c) of the Mine Act, granted the petition for
review, vacated the Commission's decision, and remanded for the
Commission to dismiss the complaints against the MSHA employees.
Meredith v. FMSHRC, 177 F.3d 1042 (D.C. Cir. 1999). On July 27,
1999, the court issued its mandate in this matter, returning the
case to the Commission's jurisdiction. Pursuant to the court's
order, we dismiss the complaints against the MSHA employees.

                        Mary Lu Jordan, Chairman

                        Marc Lincoln Marks, Commissioner

                        James C. Riley, Commissioner

                        Theodore F. Verheggen, Commissioner

                        Robert H. Beatty, Jr., Commissioner

Distribution

Yoora Kim, Esq.
U.S. Department of Labor
Office of the Solicitor
4015 Wilson Boulevard, Suite 400
Arlington, VA 22203

Judith Rivlin, Esq.,
United Mine Workers of America
900 15th Street, N.W.
Washington, D.C. 20005

Administrative Law Judge Jacqueline Bulluck
Federal Mine Safety and Health Review Commission
Office of the Administrative Law Judges
5203 Leesburg Pike, Suite 1000
Falls Church, VA 22041