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UNITED MINE WORKERS OF AMERICA, D. 31 v. N.L.R.B.

No. 88-1669.

879 F.2d 939 (1989)

UNITED MINE WORKERS OF AMERICA, DISTRICT 31, Petitioner, v. The NATIONAL LABOR RELATIONS BOARD, Respondent, Island Creek Coal Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 21, 1989.

Attorney(s) appearing for the Case

Barbara Evans Fleischauer, for petitioner.

Joseph A. Oertel, Atty., N.L.R.B., with whom Howard E. Perlstern, Atty. and Aileen A. Armstrong, Deputy Associate Gen. Counsel, N.L.R.B., Washington, D.C., were on the brief, for respondent.

J. Steven Warren, with whom Paul B. Lindemann and Harold R. Weinrich, Washington, D.C., were on the brief, for intervenor.

Before RUTH BADER GINSBURG and SENTELLE, Circuit Judges, and RE, Chief Judge.

Opinion for the Court filed by Chief Judge RE.

RE, Chief Judge:

Petitioner, United Mine Workers of America, District 31 (Union), seeks review of a decision of the National Labor Relations Board which held that the substantive agreement of the parties, on the issue of subcontracting, relieved the employer, Island Creek Coal Company, the intervenor, of the duty to bargain further on the subject of subcontracting.

The question presented is whether the...

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