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Originally published Thursday, July 2, 2009 at 11:23 AM

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Court: Massey must rehire union miners in W.Va.

A federal appeals court has upheld a decision requiring a Massey Energy subsidiary to hire union miners at a West Virginia mine.

RICHMOND, Va. —

A federal appeals court has upheld a decision requiring a Massey Energy subsidiary to hire union miners at a West Virginia mine.

Wednesday's ruling by the 4th Circuit Court of Appeals affirms a 2008 decision requiring Mammoth Coal to offer jobs to 85 miners. The union miners lost their jobs when Mammoth purchased the Kanawha County mine out of bankruptcy in 2004.

A National Labor Relations Board administrative law judge ruled in late 2007 that Massey had violated the National Labor Relations Act by refusing to hire the miners affiliated with the United Mine Workers.

Massey spokesman Jeff Gillenwater says the company offered jobs to all 85 miners last year, but only nine accepted.

Gillenwater says seven still work for the company.

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