30 CFR § 90.103 Compensation. (a) The operator shall compensate each Part 90 miner
at not less than the regular rate of pay received by that miner immediately
before exercising the option under §90.3 Part
90 option; notice of eligibility; exercise of option). (b) Whenever a Part 90 miner is transferred, the
operator shall compensate the miner at not less than the regular rate of pay
received by that miner immediately before the transfer. (c) The operator shall compensate each miner who is a section 203(b)
miner on January 31, 1981, at not less than the regular rate of pay that the
miner is required to receive under section 203(b) of the Act immediately
before the effective date of this part. (d) In addition to the compensation required to be paid under
paragraphs (a), (b) and (c) of this section, the operator shall pay each
Part 90 miner the actual wage increases that accrue to
the classification to which the miner is assigned. (e) If a miner is temporarily employed in an occupation other than
his or her regular work classification for two months or more before
exercising the option under §90.3 (Part 90 option; notice of eligibility; exercise of option), the miner's
regular rate of pay for purposes of paragraph (a) and (b) of this section is
the higher of the temporary or regular rates of pay. If the temporary
assignment is for less than two months, the operator may pay the Part
90 miner at his or her regular work classification rate
regardless of the temporary wage rate. (f) If a Part 90 miner is transferred, and the
Secretary subsequently notifies the miner that notice of the miner's
eligibility to exercise the Part 90 option was incorrect,
the operator shall retain the affected miner in the current position to which
the miner is assigned and continue to pay the affected miner the applicable
rate of pay provided in paragraphs (a), (b), (c) and (d) of this section,
until: (1) The affected miner and operator agree in writing to a
position with pay at not less than the regular rate of pay for that
occupation; or (2) A position is available at the same coal mine in both
the same occupation and on the same shift on which the miner was employed
immediately before exercising the option under §90.3 (Part
90 option; notice of eligibility; exercise of
option) or under the old section 203(b) program (36 FR 20601, October 27,
1971). (i) When such a position is available, the operator
shall offer the available position in writing to the affected miner with pay
at not less than the regular rate of pay for that occupation. (ii) If the affected miner accepts the available
position in writing, the operator shall implement the miner's reassignment
upon notice of the miner's acceptance. If the miner does not accept the
available position in writing, the miner may be reassigned and protections
under Part 90 shall not apply. Failure by the miner to
act on the written offer of the available position within 15 days after
notice of the offer is received from the operator shall operate as an
election not to accept the available position.
