The 6th Circuit Court of Appeals determined that the Federal Mine Safety and Health Review Commission “failed to follow or distinguish its own precedent and failed to articulate its reasoning” in ruling against coal miner Lawrence Pendley in his safety discrimination case. In a published decision, the 6th Circuit reversed the Commission’s Order and remanded the case for further consideration. Pendley, a western Kentucky miner, has alleged that Highland Mining Company terminated his employment after Pendley made protected safety complaints.
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