National Labor Relations Board v. Kingwood Mining Company
This text of 435 F.2d 158 (National Labor Relations Board v. Kingwood Mining Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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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Cite This Page — Counsel Stack
435 F.2d 158, 75 L.R.R.M. (BNA) 2912, 1970 U.S. App. LEXIS 5964, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-labor-relations-board-v-kingwood-mining-company-ca4-1970.