CARPENTER v. MILLER

No. 16228.

325 S.E.2d 123 (1984)

Ernest CARPENTER, Jerry Moorehead, Jack Lemley, Richard McClure, Paul E. Swiger, John Bennett, Wayne Bennett, Gregory Riley and United Mine Workers of America, International Union, by Richard L. Trumka, International President, Cecil E. Roberts, International Vice President, and John J. Banovic, International Secretary-Treasurer v. Walter MILLER, Director of the West Virginia Department of Mines, Grant King, Inspector at Large and Benjamin Snyder, Chairman of the Board of Appeals.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion January 8, 1985.


Attorney(s) appearing for the Case

Daniel F. Hedges, James M. Haviland, McIntyre, Haviland & Jordan, Charleston, Michael H. Holland, Mary Lou Jordan, U.M.W.A., Washington, D.C., for appellants.

B. Keith Huffman, Asst. Atty. Gen., Charleston, for appellees.


McGRAW, Justice:

The primary issue presented in this original proceeding in mandamus is whether coal miners may have their pay docked for testifying at coal mine safety hearings under West Virginia Code § 22-1-21(a)(3), (1981 Replacement Vol.), which provides, in pertinent part, that "No person shall ... in any ... way discriminate against ... any miner ... by reason of the fact that he believes or knows that such miner ... has testified or is about to testify...

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