Senate Bill No. 560
(By Senator Hunter)
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[Introduced February 17, 1999;
referred to the Committee on Energy, Industry and Mining.]
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A BILL to amend and reenact section three hundred nine, article
two-a, chapter twenty-two-a of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating
to the establishment of a board of arbitration to address
matters in controversy in relation to the operation of
diesel equipment in underground coal mines.
Be it enacted by the Legislature of West Virginia:
That section three hundred nine, article two-a, chapter
twenty-two-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted to read
as follows:
ARTICLE 2A. USE OF DIESEL-POWERED EQUIPMENT IN UNDERGROUND COAL
MINES.
§22A-2A-309. Failure to promulgate initial rules; arbitration.
(a) If Because the commission fails failed to finally adopt
its initial rules before the first day of April, one thousand
nine hundred ninety-eight, and the members who represent the
viewpoint or interests of coal operators and the members who
represent the viewpoint or interests of working miners shall each
prepare prepared a final draft of proposed initial rules, which
drafts will be considered the "last best offer" by each group of
members, Thereafter, and the matters in controversy which the
commission is unable to resolve shall be submitted to arbitration
as soon as is practicable.
(b) The On or before the sixtieth day following the
effective date of this section, as amended and reenacted during
the regular session of the Legislature, one thousand nine hundred
ninety-nine, the board of appeals established and continued
pursuant to the provisions of article five of this chapter shall
begin the selection of arbitrators by contacting the alternative
dispute resolution department of the federal mediation and
conciliation service to obtain a roster of the names of
twenty-five persons who are willing to serve as neutral members of a special subcommittee of the board of appeals that will
function as a board of arbitration. The board of appeals shall
request that the federal mediation and conciliation service, in
compiling the roster, consider experience and training in the
arbitration process, affiliations, actual or potential conflicts
of interest and other matters when selecting persons who may
serve as neutral and independent arbitrators. The members who
represent the viewpoint or interests of coal operators and the
members who represent the viewpoint or interests of working
miners shall each strike five names from the roster. From the
roster remaining list of fifteen persons so compiled, the board
of appeals shall draw five names by lot. The persons drawn shall
comprise the board of arbitration, and they are empowered to
resolve all outstanding issues that prevent final adoption of
initial rules by the diesel equipment commission.
(c) In the event that an arbitrator shall die, or refuse to
act or become incapable of acting as an arbitrator before the
matters pending before the board of arbitration are concluded,
then the remaining arbitrators shall appoint another person from
the roster of available persons to be an arbitrator in place of
the arbitrator who no longer continues to act.
(d) Each arbitrator shall be compensated at a the
arbitrator's customary per diem rate of two hundred twenty-five
dollars not to exceed one thousand dollars per day for each day
or portion thereof engaged in the discharge of official duties.
Each member of the commission shall be paid the same expense
reimbursement as is paid to members of the Legislature for their
interim duties as recommended by the citizens legislative
compensation commission and authorized by law. No reimbursement
for expenses shall be made except upon an itemized account,
properly certified by the arbitrators. All reimbursement for
expenses shall be paid out of the state treasury upon a
requisition on the state auditor.
(e) On the fifth thirty-first day of January August, one
thousand nine hundred ninety-nine, the board of arbitrators shall
resolve issues presented by the proposed drafts drawn up by the
members of the commission. Only matters in controversy may be
addressed by the board of arbitration. Arbitration is
conditioned by limiting the range of outcomes to a choice between
the positions submitted by each opposing group within the
commission as their "last best offer." As to each issue raised
by the proposed drafts, the board of arbitration shall adopt a position advanced by one of the member groups and shall have no
authority to compromise the positions or substitute an
alternative position. In making its decisions, the board of
arbitrators shall consider the highest achievable measures of
protection for miners' health and safety through available
technology, engineering controls and performance requirements,
and shall further consider the cost, availability, adaptability
and suitability of any available technology, engineering controls
and performance requirements as they relate to the use of diesel
equipment in underground coal mines. When the board of
arbitration reaches agreement on a proposed rule, at the
conclusion of its work the board of arbitration shall transmit a
report containing the proposed rule to the commission, the
president of the Senate and the speaker of the House of
Delegates. The board of arbitration may include in its report
any other information, recommendations or materials that the
board of arbitration considers appropriate, including suggested
legislation. Any arbitrator may include as an addendum to the
report any additional information, recommendations or materials.
(f) The board of coal mine health and safety shall provide
appropriate administrative support to the board of arbitration, including technical assistance.
(g) Within twenty-eight days following the resolution of all
issues by the board of arbitration, the commission shall adopt
the initial rules, fully incorporating the decision of the board
of arbitration. The commission shall file a notice of the final
adoption in the state register and with the legislative
rule-making review committee. The initial rules are thereby
promulgated and have the effect of law without further action by
the commission or the Legislature. The initial rules shall be
published in the code of state rules and continue in effect until
modified or superseded in accordance with the provisions of this
article, or by act of the Legislature.
NOTE: The purpose of this bill is to establish a new time
schedule for establishing a board of arbitration to address
outstanding issues relating to the operation of diesel equipment
in underground coal mines.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.