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232213P.pdf   02/28/2024  Continental Cement Company  v.  Secretary of Labor
   U.S. Court of Appeals Case No:  23-2213
   Petition for Review of an Order of the Federal Mine Safety & Health Administrati   
   [PUBLISHED] [Arnold, Author, with Loken and Stras, Circuit Judges] 
   Petition for Review - Federal Mine Safety & Health Administration. While 
   the mine worker in question's exercise of her "walkaround right" under the 
   Collective Bargaining Agreement was the but-for cause of Continental's 
   decision to underpay her, that was insufficient to show discrimination for 
   the purposes of 30 U.S.C. Sec. 815(c)(1); the petition for review is 
   granted and the Commission's determination that Continental violated Sec. 
   815(c)(1) is reversed.