30 C.F.R. § 40.3

Filing procedures

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(a) The following information shall be filed by a representative of miners with the appropriate District Manager, with copies to the operators of the affected mines. This information shall be kept current:

(1) The name, address, and telephone number of the representative of miners. If the representative is an organization, the name, address, and telephone number of the organization and the title of the official or position, who is to serve as the representative and his or her telephone number.

(2) The name and address of the operator of the mine where the represented miners work and the name, address, and Mine Safety and Health Administration identification number, if known, of the mine.

(3) A copy of the document evidencing the designation of the representative of miners.

(4) A statement that the person or position named as the representative of miners is the representative for all purposes of the Act; or if the representative's authority is limited, a statement of the limitation.

(5) The names, addresses, and telephone numbers, of any representative to serve in his absence.

(6) A statement that copies of all information filed pursuant to this section have been delivered to the operator of the affected mine, prior to or concurrently with the filing of this statement.

(7) A statement certifying that all information filed is true and correct followed by the signature of the representative of miners.

(b) The representative of miners shall be responsible for ensuring that the appropriate District Manager and operator have received all of the information required by this part and informing such District Manager and operator of any subsequent changes in the information.

Notes of Decisions

Cited in 4 cases, 1990–2006 · 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).

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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). · cites it 4× “30 C.F.R. § 40.3 (a)(l)-(3). 2 There is no provision that limits who may be the “person or organization which represents two or more miners.”

Utah Power & Light Co. v. Sec'y of Labor, 897 F.2d 447 (10th Cir. 1990). · cites it 2× “at 294-95; 30 C.F.R. § 40.3 . The information must be provided to both the MSHA district manag *455 er and the operator of the affected mine.”

U.S. Dep't of Labor v. Wolf Run Mining Co., 446 F. Supp. 2d 651 (N.D.W. Va. 2006). · cites it 5× “1 of Wolfe Run’s First Request for Production of Documents states, “Please provide a complete and un-redact-ed copy of the documents(s) evidencing the designation of the United Mine Workers of America as a representative of miners under the Federal Mine Safety and Health Act…”

Kerr-McGee Coal Corp. v. Fed. Mine Saf. & Health Review Comm'n, 40 F.3d 1257 (D.C. Cir. 1994). “" 30 C.F.R. § 40.3 . . 30 C.F.R. § 40.4 provides: “A copy of the information provided the operator pursuant to 40.”

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