U.S. Court of Appeals for the Fourth Circuit, 1970

National Labor Relations Board v. Kingwood Mining Company

National Labor Relations Board v. Kingwood Mining Company
U.S. Court of Appeals for the Fourth Circuit · Decided December 14, 1970 · Boreman, Bryan, Butzner, Per Curiam
435 F.2d 158; 75 L.R.R.M. (BNA) 2912; 1970 U.S. App. LEXIS 5964 (Federal Reporter, Second Series)

National Labor Relations Board v. Kingwood Mining Company

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.

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