N. Fork Coal Corp. v. Fed.Mine Safety & Health Review Comm'n, No. 11-3398 (6th Cir. 2012)
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Gray a roof bolter employed in a mine, filed a complaint of employment discrimination with the Secretary of Labor pursuant to the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801 - 965 alleging that his employment was terminated for making safety-related complaints. Following a determination that Gray’s complaint was not “frivolously brought,” Gray was granted temporary reinstatement. After investigation of Gray’s allegations, the Secretary determined that no violation had occurred and denied Gray’s complaint and dissolved the reinstatement order. The Federal Mine Safety and Health Review Commission reversed an ALJ’s order and held that temporary reinstatement was required to continue pending resolution of Gray’s individual claim. The Sixth Circuit reversed; the Mine Act does not require such continued temporary reinstatement.
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