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DICKENSON-RUSSELL COAL CO. v. UNITED MINE WORKERS

Case No. 2:11CV00023.

840 F.Supp.2d 961 (2012)

DICKENSON-RUSSELL COAL COMPANY, LLC, Plaintiff, v. INTERNATIONAL UNION, UNITED MINE WORKERS OF AMERICA, et al., Defendants.

United States District Court, W.D. Virginia, Big Stone Gap Division.

January 3, 2012.

Attorney(s) appearing for the Case

Gregory B. Robertson, Ryan A. Glasgow, Sarah E. Bruscia, Hunton & Williams LLP, Richmond, VA, for Plaintiff.

Arthur Traynor, United Mine Workers of America, Triangle, VA, for Defendants.

OPINION

JAMES P. JONES, District Judge.

The issue in this case is the enforceability of a labor arbitrator's award that directed reinstatement of a coal mine employee who was fired under a "zero-tolerance" drug policy after testing positive for marijuana use. The arbitrator found mitigating circumstances, including that the longtime employee had no prior history of illegal drug use. Because the drug policy did not require termination as the only possible...

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