Wiggins v. Eastern Associated Coal Corp.

357 S.E.2d 745, 178 W. Va. 63
CourtWest Virginia Supreme Court
DecidedJuly 14, 1987
Docket17145
StatusPublished
Cited by52 cases

This text of 357 S.E.2d 745 (Wiggins v. Eastern Associated Coal Corp.) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wiggins v. Eastern Associated Coal Corp., 357 S.E.2d 745, 178 W. Va. 63 (W. Va. 1987).

Opinions

McGRAW, Chief Justice:

This is an appeal from an order by the Circuit Court of McDowell County dismissing the appellant’s action seeking damages for his wrongful discharge. The circuit court ruled that the appellant’s exclusive remedy was through the administrative complaint procedures detailed in the anti-discrimination provisions of the federal and state mine safety laws. 30 U.S.C. § 815(c) (1982); W.Va. Code § 22A-1A-20 (1985 Replacement Vol.). Alternatively, the court below ruled that, because the appellant had pursued his complaint under the federal but not the state statute, he had failed to exhaust his administrative remedies and was thereby barred from pursuing his tort claim in the courts of this state. We disagree with both of these rulings and reverse and remand the case for trial.

According to his complaint,1 the appellant was a foreman at the appellee’s Keystone No. 1 mine in McDowell County. On March 26, 1982, the appellant ordered a roof bolting machine shut down to correct a ventilation problem. He was reprimanded for this action and transferred to the nonproduction third shift. Within a few days, the appellant was verbally reprimanded for refusing to operate an improperly wired roof bolting machine until the wiring was corrected. The appellant was fired on April 9, 1982.

The appellant filed a discrimination complaint with the Federal Mine Safety and Health Administration, which eventually resulted in an award of backpay, attorneys fees, and incidental costs. The action filed in circuit court was a tort action for certain compensatory and punitive damages which the appellant contends were not available to him under either the state or federal mine safety statutes.

[65]*65I.

The appellee argues that the remedies made available under the federal and state mine safety statutes2 are adequate to protect public policy interests in employee safety and that, therefore, these remedies should be the exclusive ones available to a wrongfully discharged employee. Under each of the statutes, the administrative body charged with hearing the complaint may “take such affirmative action to abate the violation as ... [it] deems appropriate, including, but not limited to, the rehiring or reinstatement of the miner to his former position with back pay.” 30 U.S.C. § 815(c)(2); W.Va.Code § 22A-lA-20(b). This formula for remedying illegal discrimination has been characterized, in the context of Title VII,3 as an equitable remedy, rather than enforcing general “legal rights” within the meaning of the seventh amendment to the United States Constitution. Curtis v. Loether, 415 U.S. 189, 94 S.Ct. 1005, 39 L.Ed.2d 260 (1974).

In its brief, the appellee recognizes that only equitable relief is available through the administrative proceedings in question, and contends that this is the only relief which the state and federal legislative bodies intended to make available to discriminatees. The appellee does not point to any language in either of the statutes which makes the available equitable remedies exclusive. Rather, the appellee relies on a common law rule of exclusivity expressed by this Court in 1883 that

[w]hen a statute creates a new offence and denounces the penalty, or gives a new right and declares the remedy, the punishment or the remedy can be only that which the statute prescribes.

Syl. Pt. 2, Lynch v. Merchants National Bank, 22 W.Va. 554 (1883). Thus, the ap-pellee contends that the only recourse open to a miner discriminated against because of safety issues is the administrative process and the remedies available under the safety statutes. What the appellee fails to acknowledge, however, is that this Court has recognized an exception to the exclusivity rule where the available administrative remedy is inadequate. Price v. Boone County Ambulance Authority, 175 W.Va. 676, 678-679, 337 S.E.2d 913, 915-16 (1985); see Atchison, Topeka and Santa Fe Railway Co. v. Buell, 480 U.S. 557, 107 S.Ct. 1410, 94 L.Ed.2d 563 (1987).

The appellant in this case filed an action based on our decision in Harless. The common law wrongful discharge action recognized in Harless follows the applicable rules relating to tort damages, Shanholtz v. Monongahela Power Co., 165 W.Va. 305, 309-10, 270 S.E.2d 178, 182 (1980), and permits a claim for damages caused by the intentional infliction of severe emotional distress, or, in the appropriate case, for the assessment of punitive damages.4.

The Harless conclusion that the right to discharge an at will employee must yield when that discharge violates some substantial public policy was made in light of our examination of the trend in similar contemporary decisions by our sister jurisdictions. The appellee points out that Oregon, one of the states which recognizes a wrongful discharge action, has refused to extend this right to those discharged in retaliation for [66]*66their safety related activities. Walsh v. Consolidated Freightways, Inc., 278 Or. 347, 563 P.2d 1205 (1977).

We are unpersuaded by the Oregon court’s conclusion in Walsh that the available statutory remedies are adequate in the case of a retaliatory discharge for safety related actions. As that court itself observed in allowing a wrongful discharge action for employees fired after resisting sexual demands or harassment,

[r]einstatement, back pay, and injunctions vindicate the rights of the victimized group without compensating the plaintiff for such personal injuries as anguish, physical symptoms of stress, a sense of degradation, and the cost of psychiatric care. Legal as well as equitable remedies are needed to make the plaintiff whole.

Holien v. Sears. Roebuck and Co., 298 Or. 76, 689 P.2d 1292 (1984).5

The primary purpose of the penalties imposed under the antidiscrimination provisions of the mine safety acts is to ensure the reporting of safety violations, rather than vindication of private interests, see Marshall v. Intermountain Electric Company, 614 F.2d 260 (10th Cir.1980), and victims of discrimination must look to the courts to receive full compensation for the violation of their legal rights. “[V]ictims of unlawful discrimination have access to our courts when the main object of their complaint is to recover damages.” State Human Rights Commission v. Pearlman Realty Agency, 161 W.Va. 1, 6, 239 S.E.2d 145, 148 (1977).

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Bluebook (online)
357 S.E.2d 745, 178 W. Va. 63, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wiggins-v-eastern-associated-coal-corp-wva-1987.