Vulcan Construction Materials, L.P. v. Federal Mine Safety and Health Review Comm.

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 11-2860
Decision Date: 
October 25, 2012
Federal District: 
Petition for Review, Order of Federal Mine Safety and Health Review Commission
Petition granted
In action under 30 USC section 815(c)(2) with Mine Safety and Health Administration alleging that employee was terminated in retaliation for engaging in safety-related activity, Federal Mine Safety and Health Review Commission erred in denying employer’s motion to dissolve prior order requiring employee’s reinstatement into his former position where said motion was filed after Secretary of Labor had determined that she would no longer pursue employee’s claim on its merits. Plain language of section 815(c) indicates that employee’s temporary reinstatement ended at time Secretary of Labor determined not to prosecute employee’s complaint, and fact that employee had subsequently filed his own complaint before Commission did not require different result. Ct. further rejected employee’s claim that Secretary’s contrary interpretation of section 815(c) was entitled to Chevron-type deference.