Clinchfield Coal Co. v. District 28, United Mine Workers

The United Mine Workers of America, Local 1098 and District 28 appeal from the district court’s order vacating an arbitral decision against the Clinchfield Coal Company.

Clinchfield has extensive coal operations in Virginia, a substantial portion of which are licensed out to independent contractors. Article IA Section (h) of the collective bargaining agreement signed with the Union provides that such licensing is prohibited “unless the licensing out does not cause or result in the layoff of Employees of the Employer.”

In May 1982, Clinchfield laid off approximately 35% of its employees in…