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OCR: considers constitutional issues in enforecment proceed- ings After the Commission's proceedings are complete, peti itioner may then seck judicial review of its decision OI both stalutory and constitutional grounds Petitioner errs in arguing that the Mine Safely Act's review procedures violate onp process by putting 1t a1 impermissible choicc between forfeiting its "right under the NLRA to exclude union cmp ployees pur complying with citation for failure to post the designation of miners representatives at its mine. Petitioner entitled tc stand on its asserted "right under the NLRA exclude union cmployees while administrative proceedings are pending rather than corply with citation (should one be issued Moreover MSHA only proposc5 penalties; the Com- mission that actually assesses them And ...