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OCR: O1 November 29. 1990 petitioner informed MSHA by letter that 11 hadl received notice from the UMWA the designation of two UMWA employees as miners' rep resentatives, but that was returning that notice MSHA bocause petitioner believed it was invalid ir two respects. First, petitioner relied on the fact that its cmployees had rej jected the UMWA as their col- lective bar rgaining representative under the NLRA in the 1987 election. Petitioncr pointed out that Utah Powe 12n Secretary Labor 897 F 2d (10th 1990) the Tenth Circuit had rejected mne tor's contention that miners representatives under the Mine Safety must be employees the mine ques tion and had stated that the Act's provisions for desig nating miners representatives are misused. "the solution for the operator take action against indi ...