Phelps Dodge Corporation v. Federal Mine Safety And Health Review Commission

681 F.2d 1189 1982 O.S.H.D. (CCH) P 26,170 PHELPS DODGE CORPORATION, Petitioner, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION; Secretary of Labor, Mine Safety and Health Administration (MSHA); and United Steelworkers of America, Local 616, Respondents. United Steelworkers of America, AFL-CIO, Local Union 616, Intervenor. No. 81-7251. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 5, 1982. Decided July 22, 1982. James G. Speer, Evans, Kitchel & Jenckes, Phoenix, Ariz., argued, for petitioner; Stephen W. Pogson, Evans, Kitchel & Jenckes, Phoenix, Ariz., on brief. Ann S. Rosenthal, Federal Mine Safety & Health Review Com'n., Washington, D. C., Mary Win O'Brien, Pittsburgh, Pa., argued, for respondents; Leslie J. Canfield, Arlington, Va., on brief. Petition for Review of an Order of the Federal Mine Safety and Health Review Commission. Before SNEED, POOLE and BOOCHEVER, Circuit Judges. SNEED, Circuit Judge: 1 Phelps Dodge Corporation (petitioner) petitions for review of a final order of the Federal Mine Safety and Health Review Commission (MSHRC). Our jurisdiction is under 30 U.S.C. § 816 (a)(1). The sole question for decision is…