Jesse Higgins v. Ray Marshall, Sec. Of Labor

584 F.2d 1035, 190 U.S. App. D.C. 54
CourtCourt of Appeals for the D.C. Circuit
DecidedSeptember 22, 1978
Docket77-1829
StatusPublished
Cited by21 cases

This text of 584 F.2d 1035 (Jesse Higgins v. Ray Marshall, Sec. Of Labor) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jesse Higgins v. Ray Marshall, Sec. Of Labor, 584 F.2d 1035, 190 U.S. App. D.C. 54 (D.C. Cir. 1978).

Opinions

Opinion for the Court filed by SWY-GERT, Circuit Judge.

Dissenting opinion filed by J. SKELLY WRIGHT, Chief Judge.

[1036]*1036SWYGERT, Circuit Judge:

The issue in this appeal is one of statutory interpretation. Pursuant to section 203 of Title II of the Federal Coal Mines Health and Safety Act of 1969 (the 1969 Act), “[a]ny miner [who contracts pneumoconiosis and opts to transfer to a position in a less dusty area of the mine] shall receive compensation for such work at not less than the regular rate of pay received by him immediately prior to his transfer.” 30 U.S.C. § 843(b)(3) (emphasis added). What the “regular rate of pay” means is the question we must decide.

I '

During 1972 each of the plaintiffs-appellants, three coal miners for Old Ben Coal Company (Old Ben) in Franklin County, Illinois, had chest examinations which showed evidence of the development of pneumoconiosis or black lung disease. Each man thereby became eligible for transfer to another position in a less dusty area of the mine to prevent further development of the disease. 30 U.S.C. § 843(b)(1). Plaintiffs Jesse Higgins and Paul Gower transferred from positions as machine operators to positions as tracklayers; plaintiff William Gip-son transferred from a position as a repairman to one as a bottom laborer. Before the transfer, each man received $41.50 a day; after the transfer each man continued to receive $41.50 a day although the other miners in the new positions received only $37.25 a day.

On November 12, 1972 the situation changed. Pursuant to a new wage agreement, as of that date the daily wage rates for the positions vacated by plaintiffs were raised to $45.75 while the rates for the new positions were raised to $40.00. The plaintiffs continued to received $41.50 a day, the old rate applicable to their former positions. This meant that the miners were receiving $4.25 less each day than they would have received had they never transferred from their previous positions. They were, however, receiving $1.50 more each day than other miners in the new positions. One year later, when $50.00 became the daily rate for the vacated positions and $42.75 for the new ones, the plaintiffs began to receive $42.75 and have continued to receive the annual increases awarded to miners in their new positions.1 The plaintiffs unsuccessfully requested payment from Old Ben at the rate for their vacated positions.

In a complaint first filed with the Department of the Interior2 and then refiled with the Department of Labor, the plaintiffs alleged that Old Ben was discriminating against them in violation of 30 U.S.C. §§ 820(b) and 938(a) by not paying the “Standard Daily Wage Rate” for their pre-transfer positions as required under section 843(b)(3), that is, by not granting them the pay increases they would have received had they not transferred. A Department of Labor administrative law judge denied relief, holding that Old Ben had not violated section 843(b)(3). The judge rejected the expansive construction suggested by the plaintiffs and instead read the section as a “rather clear statement that a miner who chooses to transfer shall not be paid at a lesser rate (dollars per hour or day or ton) than he was receiving immediately prior to his transfer.” (emphasis in the order) He found that the term “immediately prior” fixes the minimum hourly or daily rate which may be paid, not the classification rate. The judge noted that although the more liberal construction would probably [1037]*1037encourage more transfers to cleaner environments by not forcing the afflicted miners to choose between wages and health, the absence of ambiguity in the statute’s language prevented such a construction. The administrative law judge’s order was affirmed in an unreported decision by the district court.

II

The question is whether the language of section 843(b)(3) (that a miner who chooses to transfer for health reasons may not be compensated at less than the “regular rate of pay” received immediately prior to transfer) means that in addition to not suffering an immediate pay cut, the transferring miner also may not be denied the future pay increments he would have received had he remained in his previous position.

Plaintiffs contend that the term “regular rate of pay” was misinterpreted by both the administrative law judge and the district court. They argued that one who exercises his option to transfer to a cleaner environment must continue to receive at least the wages he would have received had he not transferred, and that the rate of pay is tied to the position rather than to a dollar amount received immediately prior to transfer. The plaintiffs suggest that the term “rate of pay” was misinterpreted because too much importance was attached to the use of the word “immediately” in the statute, and, instead, more attention should have been given to the word “regular.” Accordingly, the term “regular rate” would then have been defined as the “classification” rate because a miner would have been receiving the same “classification rate” more regularly than the same “dollar rate.”

In the alternative, the plaintiffs argue that the term “regular rate of pay” is la-tently if not patently ambiguous, and therefore this court must reconstruct how Congress would have decided the issue had it been specifically addressed, citing Judge Leventhal’s concurrence in District 6, UMWA v. IBMA, 183 U.S.App.D.C. 312, 562 F.2d 1260 (1977). They suggest that the legislative history provides such firm evidence in support of their more liberal construction that this court would be obliged to adopt that construction even if the “plain words” of the statute could support only the more limited interpretation. As their final argument the plaintiffs contend that a canon of statutory construction requires a liberal interpretation of remedial legislation.

Although the two defendants take slightly different approaches in response to the plaintiffs’ arguments, they both respond that none of the arguments is viable mainly because the language of the statute is plain and therefore requires no judicial interpretation. We agree.

When faced with a question of statutory interpretation, a court first must look to the language of the act itself. Caminetti v. United States, 242 U.S. 470, 485, 37 S.Ct. 192, 61 L.Ed. 442 (1917). In the absence of persuasive reasons to the contrary, we must give the words of an enactment their ordinary meaning. Banks v. Chicago Grain Trimmers Association, 390 U.S. 459, 465, 88 S.Ct. 1140, 20 L.Ed.2d 30 (1968).

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Jesse Higgins v. Ray Marshall, Sec. Of Labor
584 F.2d 1035 (D.C. Circuit, 1978)

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Bluebook (online)
584 F.2d 1035, 190 U.S. App. D.C. 54, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jesse-higgins-v-ray-marshall-sec-of-labor-cadc-1978.