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DAVIS v. KITT ENERGY CORP.

No. 17668.

365 S.E.2d 82 (1987)

James L. DAVIS v. KITT ENERGY CORP. KITT ENERGY CORP. v. James L. DAVIS and West Virginia Coal Mine Health & Safety Board of Appeals.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion January 28, 1988.

Attorney(s) appearing for the Case

Webster J. Arceneaux, III, Charleston, Michael J. Aloi, Fairmont, for Davis.

Joseph M. Price, Charleston, for Kitt Energy.

Charles G. Brown, Atty. Gen., Steve Barcley, Asst. Atty. Gen., for Coal Mine Health & Safety Bd.

MILLER, Justice:

This case presents two questions regarding the application of W.Va.Code, 22A-1A-20,1 the anti-discrimination section of our "Mine Safety Act." First, we must determine whether a demand by a safety committeeman to withdraw workers from a mine due to a safety hazard is an activity for which discrimination is prohibited. Second, we consider whether a prior arbitration decision which is adverse to the miner bars a statutory...

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