The Associated Press said Friday the NLRB had also ordered Mammoth to recognize the United Mine Workers of America and negotiate a labor contract for the mine in Kanawha County if requested. The operator had to offer the miners jobs as well, a decision handed down earlier this year by two federal courts.

The 85 workers lost their jobs in 2004 when Massey purchased the mine during the previous owner’s bankruptcy proceedings.

In June 2005, the United Mine Workers of America filed an unfair labor charge with the National Labor Relations Board, and administrative law judge Paul Bogas in subsequent proceedings found that Mammoth had violated several NLRB regulations.

The judge handed down the recommendation that Mammoth immediately offer employment to those 85 union workers listed as “discriminatees” and provide them with back pay. The company was also asked to recognise and bargain with the UMWA.

Shortly after, the NLRB filed documentation with the US District Court to force Mammoth to comply with the ruling, pending the conclusion of those proceedings.

In August 2008, US District Judge Joseph Goodwin granted the petition, but only with regards to the employment offer.

Massey told ILN in July that it did offer jobs to all of the workers.

“From these 85 extended offers of employment, only nine miners accepted the employment opportunity,” spokesperson Jeff Gillenwater said at the time.

“Today, seven of these miners remain with the company.”

While Massey did not make an official public statement Friday, UMWA president Cecil Roberts called the NLRB decision a “tremendous victory” for the affected workers.

"Mammoth Coal had an obligation to recognize the union when it bought this mine out of bankruptcy, and it had an obligation to rehire the miners who were working there at the time,” he said.

The operation was known as the Cannelton mine when it was owned by the now-defunct Horizon Natural Resources.