Friday, July 02, 2004
No arbitration required under UMWA pact for discrimination claims
In Eastern Associated Coal Assoc. v. Massey, the case involved a coal miner in West Virginia who sued his employer, claiming that he was illegally discharged him because of his workers' compensation claim and his disabilities. On appeal, the Fourth Circuit in an opinion by Judge Wilkinson joined by Judges Shedd and Luttig concluded that neither of these claims was made subject to arbitration under the terms of the employer's collective bargaining agreement with the UMWA.