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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