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1988 FMSHRC [1] (1988)

handle is hein.usfed/fmshr1988 and id is 1 raw text is: CCASE: HARLAN THURMAN V. QUEEN ANNE COAL DDATE: 19880210 TTEXT: FMSHRC-WDC February 10, 1988 HARLAN L. THURMAN v. Docket No. SE 86-121-D QUEEN ANNE COAL COMPANY BEFORE: Ford, Chairman; Backley, Doyle, Lastowka and Nelson, Commissioners DECISION 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. (1982) (Mine Act or Act), Commission Administrative Law Judge Avram Weisberger dismissed a discrimination complaint filed by Harlan L. Thurman. 9 FMSHRC 419 (March 1987) (ALJ). We granted Thurman's petition for discretionary review, which he prepared without assistance of counsel. For the reasons that follow, we conclude that the judge's findings are supported by substantial evidence and are consistent with applicable law. Accordingly, we affirm. Prior to March 1986, complainant Thurman had been employed continuously for three years on the nighttime maintenance shift at the underground coal mine of Queen Anne Coal Company (Queen Anne). As part of a four-person supply and maintenance crew, Thurman remained on the surface at the beginning of each shift in order to load supplies on the belt conveyor and to transport them into the mine for the other crew members to unload. Upon completion of this task, Thurman would reverse the belt conveyor for the crew's eventual exit and crawl unaccompanied to the working section to complete his shift. Once Thurman entered the mine, no employee remained on the surface at the mine entrance to be within telephone contact of the miners below. 1/

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