Carpenter v. Miller

Citations: 325 S.E.2d 123; 174 W. Va. 333Docket: 16228

Court: West Virginia Supreme Court; January 7, 1985; West Virginia; State Supreme Court

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The case involves coal miners seeking to prevent their pay from being docked for testifying at coal mine safety hearings, as outlined in West Virginia Code § 22-1-21(a)(3), which prohibits discrimination against miners for testifying in safety proceedings. The miners, employed by Kitt Energy Corporation and Consolidation Coal Company, experienced pay deductions for their testimonies, while company employees who testified did not face similar penalties. Despite filing complaints and seeking intervention from the West Virginia Department of Mines, no action was taken to address the alleged discriminatory practice. The court referenced a precedent in UMWA v. Miller, which established that retaliatory withholding of pay for exercising statutory rights related to mine safety is discriminatory and thus prohibited. The overarching principle emphasized is the shared concern of miners, the State, and mine operators regarding the safety and health of mining operations.

Strict compliance with health and safety laws by operators enhances goodwill, employee loyalty, and production efficiency. It helps retain a stable workforce, prevents production disruptions caused by unsafe practices, and lowers workers' compensation costs, thereby improving competitiveness in the coal market. The State has a significant interest in the health and safety of miners, which includes ensuring continuous mineral production, enhancing the tax base, and reducing costs associated with social welfare and health services for mine disaster victims. Inspections for health and safety violations are intended to be a collaborative effort among miners, operators, and the State. Miners’ representatives play a crucial role during inspections by identifying hazards, thus serving the interests of all parties involved. However, retaliation against miners who assist in these inspections undermines the enforcement process and contradicts public policy. Participation of miners in hearings is equally vital, as supported by specific antidiscrimination provisions in West Virginia law. While the respondents claim that the payment of witness fees should be governed solely by the Administrative Procedure Act, West Virginia Code 22-1-4(10) explicitly states that summoned witnesses in Department of Mines proceedings are entitled to a per diem and mileage, indicating that payment is regulated by this code, not the Administrative Procedure Act.

Under West Virginia law, subpoenas related to mine hearings must be issued by the Director of the Department of Mines, with witness fees paid from the state treasury. The law ensures that miners are not penalized by employers for testifying, meaning their compensation cannot be reduced due to their absence when called to testify. The court determined that withholding pay from miners for their testimony constitutes discrimination, violating statutory protections. Consequently, the court granted a writ of mandamus requiring the enforcement of compensation protections for miners, ordering Kitt Energy Corporation and Consolidation Coal Company to reimburse miners for docked pay and associated costs, including attorney's fees. 

Chief Justice Neely dissented, arguing that the majority misinterpreted the statutes, suggesting that witness reimbursement is contingent on the miner prevailing in discrimination cases and that the Director does not have unrestricted authority to summon witnesses. He emphasized that costs should only be awarded when the complainant successfully proves employer discrimination.