Davis v. Kitt Energy Corp.

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 remedy for discrimination.

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James L. Davis, the plaintiff below, is employed by Kitt Energy Corporation as an underground coal miner at its No. 1 Mine in…