Davis v. Kitt Energy Corp.

I dissent from the majority opinion because the circuit court was correct in holding that the Coal Mine Health & Safety Board of Appeals had no jurisdiction in the present case because Mr. Davis’ claim had been fully and fairly litigated through the arbitration mechanism provided by the bargained-for wage agreement, the terms of which were fully in accord with the Mine Safety Act.

Respondent employer’s collective bargaining agreement with petitioner Davis’ union authorized the arbitration of any grievance that arose from the interpretation or application of the agreement’s terms. One section…