[DOCID: f:se96367c.wais] UNITED MINE WORKERS OF AMERICA August 6, 1999 SE 96-367-D FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1730 K STREET NW, 6TH FLOOR WASHINGTON, D.C. 20006 August 6, 1999 UNITED MINE WORKERS OF AMERICA : on behalf of : WILLIAM KEITH BURGESS, : GLENN LOGGINS, DAVID McATEER, : B. RAY PATE AND OTHERS : : v. : Docket Nos. SE 96-367-D : SE 97-18-D SECRETARY OF LABOR, : MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), : MICHAEL J. LAWLESS, FRANK YOUNG, : TOM MEREDITH, and JUDY McCORMICK : BEFORE: Jordan, Chairman; Marks, Riley, Verheggen, and Beatty, Commissioners ORDER BY THE COMMISSION: In this discrimination proceeding, arising under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801 et seq. (1994) ("Mine Act" or "Act"), complaints were brought by the United Mine Workers of America on behalf of several miners, alleging that the Department of Labor's Mine Safety and Health Administration ("MSHA") and four of its employees had discriminated against the miners in violation of section 105(c) of the Mine Act, 30 U.S.C. § 815(c). Administrative Law Judge Jacqueline Bulluck initially determined that neither MSHA nor its employees are subject to proceedings filed pursuant to the section 105(c). 19 FMSHRC 294 (Feb. 1997). On review of that decision, the Commission affirmed the judge's holding that MSHA is immune from such suits, and her dismissal of the complaints against MSHA, but vacated the dismissal of the suits against the four MSHA employees on the ground that MSHA employees are not totally immune to suit for Mine Act violations. 20 FMSHRC 691 (July 1998). Subsequently, the MSHA employees filed a petition for review in the United States Court of Appeals for the District of Columbia Circuit. The court, holding that MSHA officials acting under color of their authority are not amenable to suit under section 105(c) of the Mine Act, granted the petition for review, vacated the Commission's decision, and remanded for the Commission to dismiss the complaints against the MSHA employees. Meredith v. FMSHRC, 177 F.3d 1042 (D.C. Cir. 1999). On July 27, 1999, the court issued its mandate in this matter, returning the case to the Commission's jurisdiction. Pursuant to the court's order, we dismiss the complaints against the MSHA employees. Mary Lu Jordan, Chairman Marc Lincoln Marks, Commissioner James C. Riley, Commissioner Theodore F. Verheggen, Commissioner Robert H. Beatty, Jr., Commissioner Distribution Yoora Kim, Esq. U.S. Department of Labor Office of the Solicitor 4015 Wilson Boulevard, Suite 400 Arlington, VA 22203 Judith Rivlin, Esq., United Mine Workers of America 900 15th Street, N.W. Washington, D.C. 20005 Administrative Law Judge Jacqueline Bulluck Federal Mine Safety and Health Review Commission Office of the Administrative Law Judges 5203 Leesburg Pike, Suite 1000 Falls Church, VA 22041