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CANNELTON INDUSTRIES v. DISTRICT 17, UMWA

No. 91-1535.

951 F.2d 591 (1991)

CANNELTON INDUSTRIES, INCORPORATED, a corporation, Plaintiff-Appellee, v. DISTRICT 17, UNITED MINE WORKERS OF AMERICA, Local Union 8843, United Mine Workers of America, unincorporated associations, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided December 6, 1991.

As Amended January 7, 1992.

Attorney(s) appearing for the Case

Charles F. Donnelly, Charleston, W.Va., argued (Kevin F. Fagan, on brief), for defendants-appellants.

Gene Webster Bailey, II, Jackson & Kelly, Charleston, W.Va., argued (Daniel L. Stickler, David D. Johnson, on brief), for plaintiff-appellee.

Before PHILLIPS and HAMILTON, Circuit Judges, and HEANEY, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.

OPINION

PHILLIPS, Circuit Judge:

The United Mine Workers (the Union) and employees of Cannelton Industries appeal the judgment of the district court vacating an arbitration award which found appellee Cannelton in violation of the National Bituminous Coal Wage Agreement of 1988 (NBCWA) and ordered Cannelton to pay monetary damages to its aggrieved employees. The district court ruled that because the arbitrator failed...

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