Consol Management - Consol Management Said to Have Violated Federal Mine Safety and Health of Act of 1977
This article presents to the interested reader a brief report on the determination that the Consolidation Coal Company (Consol) violated Section 105(c)(1) of the Federal Mine Safety and Health of Act of 1977. Within this article, the company shall be referred to as Consol or Consol Management.
Keep in mind that by reporting on this determination we are not, ourselves, making any statement in regard to the order entered against Consol Management. Rather, we merely are providing some basic information for the interested reader.
The section of the Act in question provides, in part:
“no person shall discharge or in any manner discriminate against… any miner, representative of miners or applicant for employment in any coal or other mine subject to this Act because such miner, representative of miners or applicant for employment has filed or made a complaint under or related to this Act, including a complaint notifying the operator or the operator's agent, or the representative of the miners at the coal or other mine of an alleged danger or safety or health violation in a coal or other mine, or because such miner, representative of miners or applicant for employment is the subject of medical evaluations and potential transfer under a standard published pursuant to Section 101 or because such miner, representative of miners or applicant for employment has instituted or caused to be instituted any proceeding under or related to this Act or has testified or is about to testify in any such proceeding, or because of the exercise by such miner, representative of miners or applicant for employment on behalf of himself or others of any statutory right afforded by the Act.”
It ultimately was concluded that Consol Management violated this provision of the Act by transferring one of its employees from a desirable position of employment to a less desirable position of employment. It was determined that Consol Management made this move of the employee in violation of the Act as set forth earlier in this article.
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