§ 1293. — Employee protection.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1293]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 25--SURFACE MINING CONTROL AND RECLAMATION
SUBCHAPTER VII--ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS
Sec. 1293. Employee protection
(a) Retaliatory practices prohibited
No person shall discharge, or in any other way discriminate against,
or cause to be fired or discriminated against, any employee or any
authorized representative of employees by reason of the fact that such
employee or representative has filed, instituted, or caused to be filed
or instituted any proceeding under this chapter, or has testified or is
about to testify in any proceeding resulting from the administration or
enforcement of the provisions of this chapter.
(b) Review by Secretary; investigation; notice; hearing; findings of
fact; judicial review
Any employee or a representative of employees who believes that he
has been fired or otherwise discriminated against by any person in
violation of subsection (a) of this section may, within thirty days
after such alleged violation occurs, apply to the Secretary for a review
of such firing or alleged discrimination. A copy of the application
shall be sent to the person or operator who will be the respondent. Upon
receipt of such application, the Secretary shall cause such
investigation to be made as he deems appropriate. Such investigation
shall provide an opportunity for a public hearing at the request of any
party to such review to enable the parties to present information
relating to the alleged violation. The parties shall be given written
notice of the time and place of the hearing at least five days prior to
the hearing. Any such hearing shall be of record and shall be subject to
section 554 of title 5. Upon receiving the report of such investigation
the Secretary shall make findings of fact. If he finds that a violation
did occur, he shall issue a decision incorporating therein his findings
and an order requiring the party committing the violation to take such
affirmative action to abate the violation as the Secretary deems
appropriate, including, but not limited to, the rehiring or
reinstatement of the employee or representative of employees to his
former position with compensation. If he finds that there was no
violation, he will issue a finding. Orders issued by the Secretary under
this subsection shall be subject to judicial review in the same manner
as orders and decisions of the Secretary are subject to judicial review
under this chapter.
(c) Costs
Whenever an order is issued under this section to abate any
violation, at the request of the applicant a sum equal to the aggregate
amount of all costs and expenses (including attorneys' fees) to have
been reasonably incurred by the applicant for, or in connection with,
the institution and prosecution of such proceedings, shall be assessed
against the persons committing the violation.
(Pub. L. 95-87, title VII, Sec. 703, Aug. 3, 1977, 91 Stat. 520.)
Section Referred to in Other Sections
This section is referred to in section 1268 of this title.
