30 C.F.R. § 40.4
Posting at mine
A copy of the information provided the operator pursuant to § 40.3 of this part shall be posted upon receipt by the operator on the mine bulletin board and maintained in a current status.
Notes of Decisions
Cited in 8
cases, 1994–2018 · leading case: Thunder Basin Coal Co. v. Reich, 510 U.S. 200 (1994).
Thunder Basin Coal Co. v. Reich, 510 U.S. 200 (1994). “30 CFR § 40.4 . The Secretary has broad authority to compel immediate compliance with Mine Act provisions through the use of mandatory civil penalties, discretionary daily civil penalties, and other sanctions.”
Bennett v. U.S. Sec. & Exch. Comm'n, 844 F.3d 174 (4th Cir. 2016). “771 (citing 30 C.F.R. § 40.4 ). Rather than seek review of the regulation through the Mine Act’s judicial-review scheme, Thunder Basin filed a lawsuit in federal district court alleging that requiring it to challenge the regulation through the statute’s judicial- *179 review…”
Gray Fin. Grp., Inc. v. U.S. Sec. & Exch. Comm'n, 825 F.3d 1236 (11th Cir. 2016). “771 (citing 30 C.F.R. § 40.4 ). The miners at Thunder Basin designated employees of their union to represent them; Thunder Basin believed this designation violated collective-bargaining principles and its right to exclude union organizers from the property.”
Elk Run Coal Co., Inc. v. United States Dep't of Labor, 804 F. Supp. 2d 8 (D.D.C. 2011). “Once the mine employees designate their representative, the mine operator is required, under 30 C.F.R. § 40.4 , to post at the mine information regarding these designees.”
Ohio Coal Ass'n v. Perez, 192 F. Supp. 3d 882 (S.D. Ohio 2016). “Posting at mine, 30 C.F.R. § 40.4 . In Thunder Basin , the non-union miners selected two nonemployee local union members to be their representatives at the walk-around inspection.”
N.J. Conservation Found. v. Fed. Energy Regulatory Comm'n, 353 F. Supp. 3d 289 (D.N.J. 2018). “771 (citing 30 C.F.R. § 40.4 ). Rather than seek review of the regulation through the Mine Act's judicial-review scheme, Thunder Basin filed a lawsuit in federal district court alleging that requiring it to challenge the regulation through the statute's review scheme violated…”
Kerr-McGee Coal Corp. v. Fed. Mine Saf. & Health Review Comm'n, 40 F.3d 1257 (D.C. Cir. 1994). “After receiving a complaint that Kerr-McGee *1261 had violated 30 C.F.R. § 40.4 by failing to post the form, 7 a MSHA coal mine inspector visited the mine and showed a copy of the complaint to the Manager of Administration.”
Consolidation Coal Co. v. United Mine Workers of Am., 191 F. Supp. 3d 572 (N.D.W. Va. 2016). “Id, Thunder Basin failed to post information regarding the miners’ representatives as required by 30 C.F.R. § 40.4 . Id. Instead, it filed suit in federal district court, seeking pre-enforcement injunctive relief.”
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