International Union, United Mine Workers of America v. Federal Mine Safety and Health Review Com'n, 87-1136
| Decision Date | 23 February 1988 |
| Docket Number | No. 87-1136,87-1136 |
| Citation | 840 F.2d 77 |
| Parties | , 56 USLW 2504, 1988 O.S.H.D. (CCH) P 28,145 INTERNATIONAL UNION, UNITED MINE WORKERS OF AMERICA, Petitioner, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION, et al., Respondents. |
| Court | U.S. Court of Appeals — District of Columbia Circuit |
Mary Lu Jordan, with whom Michael H. Holland, Washington, D.C., was on the brief, for petitioner.
Robert M. Clark, Washington, D.C., for respondent Island Creek Coal Co.
L. Joseph Ferrara, Washington, D.C., entered an appearance, for respondent Federal Mine Safety and Health Review Com'n.
Before ROBINSON and HARRY T. EDWARDS, Circuit Judges, and MacKINNON, Senior Circuit Judge.
Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.
Section 111 of the Federal Mine Safety and Health Act of 1977 ("Act" or "Mine Act"), 30 U.S.C. Sec. 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 temporarily for safety reasons. The narrow issue of statutory construction presented by this case is whether the mine owner--concededly an "operator" within the meaning of the Act--escapes liability under section 111 by virtue of the Secretary's decision to cite only the independent contractor operating the mine for the safety violation that prompted the closure.
We hold that the Act does not so limit the section 111 liability of a mine "operator." The owner is thus liable to the miners for lost wages. We therefore reverse the contrary decision of the Federal Mine Safety and Health Review Commission ("FMSHRC" or "Commission") and remand for further proceedings.
The Mine Act was a revision of the Federal Coal Mine Health and Safety Act of 1969 ("Coal Act"). While the Mine Act expanded coverage to include mines other than coal mines, the provisions relevant to this litigation were not greatly changed. Among other enforcement measures, section 104 of the Mine Act, 30 U.S.C. Sec. 814, provides that the Secretary may order the "withdrawal" of all personnel from a mine in case of an unabated violation or multiple unwarrantable failures to comply with mandatory health or safety standards. Section 107, 30 U.S.C. Sec. 817, similarly provides for a withdrawal order in case of "imminent danger." Section 103, 30 U.S.C. Sec. 813, permits emergency orders, including withdrawal orders, following accidents. Section 110, 30 U.S.C. Sec. 820, provides that the Secretary shall impose civil penalties of up to $10,000 for each violation of the Act.
The provision at issue in this litigation, section 111, is intended to provide limited compensation to mine workers who lose wages because of a withdrawal order. The third sentence, under which this action is brought, reads in relevant part as follows:
If a coal or other mine or area of such mine is closed by an order issued under section 814 of this title [section 104] or section 817 of this title [section 107] 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 ... 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. 1
The section further authorizes the Commission to order payment of "compensation due under this section" upon the filing of a complaint by the miners and the opportunity for a hearing pursuant to the Administrative Procedure Act. However, in contrast to the other enforcement sections, the Secretary has no specified role in the enforcement of section 111.
One other critical element of the statutory scheme is the definition of the term "operator." Section 3(d), 30 U.S.C. Sec. 802(d), defines "operator" as "any owner, lessee, or other person who operates, controls, or supervises a coal or other mine or any independent contractor performing services or construction at such mine."
The events from which this case arose took place at a coal mine known as the Number 1 Surface Mine in Holden, West Virginia. The mine was owned by respondent Island Creek Coal Company ("Island Creek"). Under a five-year agreement signed on April 29, 1983, Island Creek contracted the operation of the mine to Monument Mining Corporation ("Monument"). Monument was to mine specified seams of coal, following mining plans and maps prepared by Island Creek, and was to deliver the coal to Island Creek's processing facilities. Island Creek retained ownership of the coal at all times; it paid Monument a fee according to the tonnage of coal it extracted and delivered. The contract specified in some detail the terms under which Monument was to compensate its employees. Within these parameters, Monument had "full and complete control of the work to be performed" under the contract. See Island Creek-Monument Agreement, Joint Appendix ("J.A.") 23-39.
The contract between Island Creek and Monument also contained an indemnity agreement relating to mine safety and health, which provided as follows:
Contractor [Monument] shall be solely responsible for and shall fully indemnify and forever defend Owner [Island Creek] from and against any and all liability for any citation or any withdrawal order issued pursuant to the Federal Mine Safety and Health Act of 1977 ... relating to the operations and work performed under this agreement. Contractor shall be solely responsible for abatement of the alleged violation or danger and shall be solely liable for any civil or criminal penalty assessed pursuant to and as a result of said citation or order, whether assessed against Contractor or Owner.
On August 1, 1984, a federal mine inspector, acting under authority delegated by the Secretary, issued a withdrawal order to Monument under section 104(d)(2) of the Act, 2 prohibiting any work in the entire pit area of the mine. The order was based on Monument's violation of a safety standard contained in 30 C.F.R. Sec. 77.1303(j) (1984), which governed blasting operations in the vicinity of an underground mine. Mine Citation/Order, J.A. 40. It is undisputed that the blasting was solely under the control of Monument. Stipulation of Facts p 9, J.A. 20. As a result of the order, 52 miners were idled for two days. Their lost wages totaled $9,636.73. J.A. 41-43.
Several months later, on about October 15, 1984, Monument unilaterally ceased performance under its contract with Island Creek and went out of business. 3 See Stipulation of Facts paragraphs 12-13, J.A. 21; Monument Mining Corp. v. Secretary of Labor, 7 F.M.S.H.R.C. 232 (1985).
Petitioner United Mine Workers of America ("UMWA"), which represents the miners, filed a Complaint for Compensation before the FMSHRC on October 30, 1984, requesting the $9,636.73 in lost wages, as well as interest and attorney's fees. J.A. 3-5. The complaint initially named only Monument. When it appeared that Monument had ceased business, 4 the UMWA successfully moved to amend its complaint to add Island Creek as a respondent. Order Granting Motion to Amend Complaint (Apr. 23, 1985), reprinted in J.A. 14.
The case was heard by an Administrative Law Judge on the basis of stipulations and written briefs. The parties stipulated, notably, that both Island Creek and Monument were "operators" within the meaning of section 3(d) of the Act. Stipulation of Facts paragraphs 3 & 5, J.A. 19-20. On September 27, 1985, the ALJ issued a decision finding Monument in default and ordering it to pay the miners' claims, but dismissing the claims as to Island Creek. This decision was based largely on the rationale that only Monument, and not Island Creek, had been responsible for the safety violation that gave rise to the withdrawal order. Local Union 5817, Dist. 17, UMWA v. Monument Mining Corp., 7 F.M.S.H.R.C. 1519 (1985).
The UMWA petitioned for and was granted discretionary review by the FMSHRC of the ALJ's dismissal of the action against Island Creek. On February 27, 1987, the Commission, one member dissenting, affirmed the ALJ's decision. It held that "the 'operator' responsible for the conditions or violations underlying the section 111 claim is the sole operator responsible for compensating the idled miners." Local Union No. 5817, Dist. 17, UMWA v. Monument Mining Corp., 9 F.M.S.H.R.C. 209, 212 (1987). 5 A forceful dissent contended that all "operators" of the mine were jointly and severally liable for compensation under section 111, as they were for violations under other sections of the Mine Act. Id. at 214-17 (Lastowka, Comm'r, dissenting).
The UMWA now petitions this court for review of the FMSHRC's order, as provided by section 106(a) of the Mine Act, 30 U.S.C. Sec. 816(a). The FMSHRC has elected not to submit a brief or participate in oral argument, leaving the defense of its position to co-respondent Island Creek.
This case was decided below on stipulated facts. There is, accordingly, no issue of fact relevant to the outcome. Rather, this case presents NLRB v. United Food & Commercial Workers Union, Local 23, --- U.S. ----, 108 S.Ct. 413, 421, 98 L.Ed.2d 429 (1987) (quoting INS v. Cardoza-Fonseca, --- U.S. ----, 107 S.Ct. 1207, 1221, 94 L.Ed.2d 434 (1987)). If, on the other hand, "the statute is silent or ambiguous with respect to the specific issue," Chevron U.S.A. v. Natural Resources Defense Council, 467 U.S. 837, 843, 104 S.Ct. 2778, 2782, 81 L.Ed.2d 694 (1984), then the question for us becomes whether the FMSHRC's construction of the statute is "permissible,"...
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