
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: SUNDAY, November 28, 1993                   TAG: 9311280087
SECTION: VIRGINIA                    PAGE: D-7   EDITION: METRO 
SOURCE: Associated Press
DATELINE: RICHMOND                                LENGTH: Short

HIGH COURT TAKES UP UMW FINES

The U.S. Supreme Court will hear arguments Monday in the United Mine Workers' challenge to $52 million in fines from a bitter coal mine strike four years ago.

Russell County Circuit Judge Donald McGlothlin Jr. imposed the civil contempt-of-court fines against the UMW during the 10-month strike against Pittston Coal Co. in 1989-90.

The union contends the fines are excessive. It also argues the UMW was denied constitutional protections because the fines, imposed during civil proceedings, were actually criminal fines.

In a friend-of-the-court brief filed in September, the Department of Justice urged the Supreme Court to uphold the fines.

"Nothing in the . . . Constitution precluded those courts from sanctioning conduct . . . and from retaining the fines in effect following resolution of the labor dispute," wrote Solicitor General Drew Days III.

If collected, Virginia stands to receive $24.4 million of the fines. The coalfield counties of Russell and Dickenson would get $17 million and $11 million respectively.

McGlothlin imposed the fines following hundreds of acts of violence and violations of court injunctions limiting the number of pickets at mine sites. The union shut down several operations when hundreds of striking miners took over facilities.

by CNB