30 U.S.C. § 821

Entitlement of miners to full compensation

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If a coal or other mine or area of such mine is closed by an order issued under section 813 of this title, section 814 of this title, or section 817 of this title, all miners working during the shift when such order was issued who are idled by such order shall be entitled, regardless of the result of any review of such order, to full compensation by the operator at their regular rates of pay for the period they are idled, but for not more than the balance of such shift. If such order is not terminated prior to the next working shift, all miners on that shift who are idled by such order shall be entitled to full compensation by the operator at their regular rates of pay for the period they are idled, but for not more than four hours of such shift. If a coal or other mine or area of such mine is closed by an order issued under section 814 of this title or section 817 of this title for a failure of the operator to comply with any mandatory health or safety standards, all miners who are idled due to such order shall be fully compensated after all interested parties are given an opportunity for a public hearing, which shall be expedited in such cases, and after such order is final, by the operator for lost time at their regular rates of pay for such time as the miners are idled by such closing, or for one week, whichever is the lesser. Whenever an operator violates or fails or refuses to comply with any order issued under section 813 of this title, section 814 of this title, or section 817 of this title, all miners employed at the affected mine who would have been withdrawn from, or prevented from entering, such mine or area thereof as a result of such order shall be entitled to full compensation by the operator at their regular rates of pay, in addition to pay received for work performed after such order was issued, for the period beginning when such order was issued and ending when such order is complied with, vacated, or terminated. The Commission shall have authority to order compensation due under this section upon the filing of a complaint by a miner or his representative and after opportunity for hearing subject to section 554 of title 5.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1978–2021 · leading case: Clinchfield Coal Co. v. Fed. Mine Saf. & Health Review Comm'n, United Mine Workers of Am., Intervenor, 895 F.2d 773 (D.C. Cir. 1990).

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Clinchfield Coal Co. v. Fed. Mine Saf. & Health Review Comm'n, United Mine Workers of Am., Intervenor, 895 F.2d 773 (D.C. Cir. 1990). · cites it 3× “30 U.S.C. § 821 (1982) (emphasis added). The Commission ruled in favor of the UMW, relying on its reasoning in a similar case decided the same day, UMWA v.”

United States v. Blue Diamond Coal Co., Scotia Coal Co., 667 F.2d 510 (6th Cir. 1982). · cites it 2× “30 U.S.C. § 821 (a). The government may subpoena witnesses and relevant papers, books, and documents for the purpose of holding a public hearing to make an investigation of the accident.”

Int'l Union, United Mine Workers of Am. v. Fed. Mine Saf. & Health Review Comm'n, 840 F.2d 77 (D.C. Cir. 1988). · cites it 2× “EDWARDS, Circuit Judge: Section 111 of the Federal Mine Safety and Health Act of 1977 (“Act” or “Mine Act”), 30 U.S.C. § 821 (1982), provides for limited payment of lost wages by a mine “operator” to miners idled when the Secretary of Labor (“Secretary”) orders a mine closed…”

Sec'y of Labor v. M-Class Mining, LLC, 1 F.4th 16 (D.C. Cir. 2021). “In Westmoreland, the Commission—in the context of assessing miners’ entitlement to compensation under 30 U.S.C. § 821—concluded that a § 107(a) “imminent danger” order need not itself cite “the violative conditions causing or underlying the issuance of the” § 107(a) order and…”

Jesse Higgins v. Ray Marshall, Sec. Of Labor, 584 F.2d 1035 (D.C. Cir. 1978). “30 U.S.C.A. § 821 (1978 pocket part). As appellants point out, however, the classification rate interpretation fits in § 821 as well as, if not better than, the dollar rate interpretation.”

Local Union 1261, Dist. 22, United Mine Workers v. Fed. Mine Saf. & Health Review Comm'n, 917 F.2d 42 (D.C. Cir. 1990). · cites it 2× “The two prescriptions at issue, contained in section 111 of the Mine Act, 30 U.S.C. § 821 , read in key part: [1] If a .”

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