Magma Copper Company v. Secretary Of Labor

645 F.2d 694 61 A.L.R.Fed. 742, 1981 O.S.H.D. (CCH) P 25,390 MAGMA COPPER COMPANY, Petitioner, v. SECRETARY OF LABOR, Mine Safety and Health Administration, and Federal Mine Safety and Health Review Commission, Respondents, United Steelworkers of America, AFL-CIO-CLC, Intervenor. No. 79-7687. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 18, 1980. Decided May 18, 1981. N. Douglas Grimwood, Twitty, Sievwright & Mills, Phoenix, Ariz., for petitioner. Gary L. Sasso, Cynthia Attwood, Washington, D. C., for respondents. Petition for Review of Decision of the Federal Mine Safety and Health Review Commission. Before DUNIWAY and TRASK, Circuit Judges, and JAMESON, * District Judge. DUNIWAY, Circuit Judge: 1 The issue in this case is whether § 103(f) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 813 (f), requires that, when an inspection of a mine is conducted by more than one inspector, each of whom acts separately and inspects a different part of the mine, one representative of miners may accompany each inspector without loss of pay if he is an employee of the mine operator. The Federal Mine Safety and Health Review Commission…