Labels:book | reckoner | tree | windowpane OCR: therefore imposes no prc-hearing deprivation t0 any sort on minc opera tor trine operator unwilling to take the risk it will lose on the merits of Ts challenge to citation has the option L( abate the violation pending the outcome 10 the administrative and judicial process, thereby preventing any occasion for assessment Of daily penalties. On the facts of this case i1 MSHA had issued citation. abate ment would have consisted entirely of posting the designa- tion miners representatives at the mine pursuant to 30 C.F 40.4. Only if an inspection occurred during the pendency the administrative process would the union even be in position to engage in the organizing activities about which petitioner specuiates. Even then petitioner could seek procedural protections. The Mine Safety Act itself aut ...
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