30 C.F.R. § 40.1
Definitions
As used in this Part 40:
(a) Act means the Federal Mine Safety and Health Act of 1977.
(b) Representative of miners means:
(1) Any person or organization which represents two or more miners at a coal or other mine for the purposes of the Act, and
(2) Representatives authorized by the miners, miners or their representative, authorized miner representative, and other similar terms as they appear in the Act.
Notes of Decisions
Cited in 10
cases, 1987–2016 · leading case: United States Dep't of Labor, & United Mine Workers of Am., Intervenor/plaintiff-Appellee v. Wolf Run Mining Co., Inc., 452 F.3d 275 (4th Cir. 2006).
United States Dep't of Labor, & United Mine Workers of Am., Intervenor/plaintiff-Appellee v. Wolf Run Mining Co., Inc., 452 F.3d 275 (4th Cir. 2006). “” 30 C.F.R. § 40.1 (b)(1). Approximately two weeks after the explosion, on January 17, 2006, the UMWA filed two documents with the Mine Safety Administration, allegedly evidencing the UMWA’s designation by two miners as a miners’ representative under § 813(f).”
Thunder Basin Coal Co. v. Reich, 510 U.S. 200 (1994). “" 30 CFR § 40.1 (b)(1) (1993). In addition to exercising these "walk-around" inspection rights under § 813(f), persons designated as representatives of the miners may obtain certain health and safety information [2] and promote health and safety enforcement.”
Anderson v. United States Dep't of Labor, 422 F.3d 1155 (10th Cir. 2005). “” 30 C.F.R. § 40.1 (b)(2). 50 . Anderson argues inter alia that the ARB II's decision should be reversed because its construction of "authorized representative” directly conflicts with the ARB I panel’s construction of that term, thereby implying it violates the law of the case…”
Gray Fin. Grp., Inc. v. U.S. Sec. & Exch. Comm'n, 825 F.3d 1236 (11th Cir. 2016). “(quoting 30 C.F.R. § 40.1 (b)(1)). A related regulation required that the mine post the names, addresses, and telephone numbers of the designees.”
Charles Schwab & Co. v. Fin. Indus. Regulatory Auth. Inc., 861 F. Supp. 2d 1063 (N.D. Cal. 2012). “” 30 CFR § 40.1 (b)(1) (1993). The regulations required mine operators to post the information regarding representatives at the mine.”
Thunder Basin Coal Co. v. Fed. Mine Saf. & Health Review Comm'n & Sec'y of Labor, 56 F.3d 1275 (10th Cir. 1995). “” 30 C.F.R. § 40.1 (b)(1). At the heart of this dispute is the regulation requiring the mine owner, after being notified that two or more miners have designated a representative, to post the designation on the miners’ bulletin board.”
Dilip K. Paul v. Fed. Mine Saf. & Health Review Comm'n, Pb-Kbb, Inc., Intervenor, 812 F.2d 717 (D.C. Cir. 1987). “30 C.F.R. § 40.1 (b). 3 . This interpretation finds indirect support in the jurisdictional provision of the Act, 30 U.”
Utah Power & Light Co. v. Sec'y of Labor, 897 F.2d 447 (10th Cir. 1990). “Pursuant to 30 C.F.R. § 40.1 (b), any person or organization who represents two or more miners is considered a “miners’ representative.”
Kerr-McGee Coal Corp. v. Fed. Mine Saf. & Health Review Comm'n, 40 F.3d 1257 (D.C. Cir. 1994). “for the purposes of the Act_” 30 C.F.R. § 40.1 (b)(1) (1993). Of significance here, the regulations also provide that after receiving notice that two or more miners have appointed a representative, the mine operator is required to post the designation on the mine’s bulletin…”
U.S. Dep't of Labor v. Wolf Run Mining Co., 446 F. Supp. 2d 651 (N.D.W. Va. 2006). “” Turning next to the regulations, 30 C.F.R. § 40.1 defines representative of miners as “any person or organization which represents 2 or more miners at a coal mine for the purposes of the act.”
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