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UPSHUR COALS CORP. v. UMWA, DIST. 31

No. 90-1826.

933 F.2d 225 (1991)

UPSHUR COALS CORPORATION, Plaintiff-Appellee, v. UNITED MINE WORKERS OF AMERICA, DISTRICT 31; United Mine Workers of America, Defendants-Appellants, International Union; Jack Canpell; William W. Bennett, Jr.; Wilbert Dancy; Gary Replogle, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided May 14, 1991.

As Amended June 3, 1991.

Attorney(s) appearing for the Case

Judith Ann Scott, United Mine Workers of America, Washington, D.C., argued (Robert H. Stropp, Jr., United Mine Workers of America, Washington, D.C., Grant Crandall, Bradley J. Pyles, William D. Turner, Crandall & Pyles, Charleston, W.Va., on brief), for defendants-appellants.

Thomas J. Bender, Jr., Saul, Ewing, Remick & Saul, Philadelphia, Pa., argued (Kristine Grady Derewicz, Saul, Ewing, Remick & Saul, Philadelphia, Pa., Mark A. Carter, Smith, Heenan and Althen, Charleston, W.Va., on brief), for plaintiff-appellee.

Before PHILLIPS and NIEMEYER, Circuit Judges, and RESTANI, Judge, United States Court of International Trade, sitting by designation.

PHILLIPS, Circuit Judge:

This is an appeal from a decision vacating an arbitration award based upon an interpretation of the National Bituminous Coal Wage agreement of 1984 (1984 NBCWA). The arbitration board concluded that the 1984 NBCWA required appellee, Upshur Coals, to continue providing accrued health benefits to laid off employees even after the 1984 NBCWA had expired. The district court reversed the decision of the arbitration board, holding that Upshur's...

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