Opinion

National Labor Relations Board v. Kingwood Mining Company

  • 435 F.2d 158
  • 75 L.R.R.M. (BNA) 2912
  • 1970 U.S. App. LEXIS 5964
Court
Court of Appeals for the Fourth Circuit
Filed
Dec 14, 1970
Status
Published
On the bench
Boreman, Bryan, Butzner, Per Curiam
Cited by
0 cases
Authority
More cited than 12.5%

The opinion

PER CURIAM:

Upon careful consideration of the briefs, joint appendix and argument of counsel we find substantial evidence to support the Board’s finding of unfair labor practices committed by Kingwood Mining Company, which practices would tend to create an atmosphere in which a fair election could not now be held.

In N. L. R. B. v. Gissel Packing Co., 395 U.S. 575, 616 , 89 S.Ct. 1918 , 23 L.Ed.2d 547 (1969), the Court held that the Board may issue a bargaining order where there is “insufficient indication that an election * * * would definitely be a more reliable test of the employees’ desires than the card count taken before the unfair labor practices occurred.” In light of

Gissel,

the Board’s order and supplemental order which direct Kingwood Mining Company to bargain with the Union, on demand, will be enforced.

Enforcement granted.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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