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Ruling: Miners can keep chewing tobacco  

Emery County ยป Union prevails in fight against company policy. By
Jump to full article: Salt Lake Tribune, 2009-09-12
Author: Mike Gorrell The Salt Lake Tribune

Intro:

"It caused a lot of stress for a lot of people for [the company] to say you can't chew anymore," said Shelly, who testified last month before an United Mine Workers of America arbitrator. Miners had challenged a ban on smokeless tobacco use at the Emery County mine.

Arbitrator Fred Butler ruled in the union's favor Friday, determining that Energy West Mining Corp.'s new policy, officially implemented (but not enforced) July 1, violated the company's collective bargaining agreement covering 276 Deer Creek miners and 17 prep plant workers.

Energy West is the mining subsidiary of Rocky Mountain Power and its parent companies, PacifiCorp and MidAmerican Holdings Co., which enacted the policy at all of their properties.

Butler ruled that chewing tobacco is a prior practice that should be allowed to continue because it is not in conflict with the existing collective bargaining agreement.

In addition, Shelly and other union witnesses at the arbitration session argued that many miners are addicted to chewing tobacco.

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