Peabody Coal Co. ("Peabody") petitions for review of an order of the National Labor Relations Board ("NLRB") granting the General Counsel's motion for summary judgment. The NLRB cross-petitions for enforcement. Peabody argues that its refusal to bargain with the United Mine Workers of America ("UMWA") did not violate 29 U.S.C. § 158(a)(5) and (1) because the UMWA was contractually barred from representing...
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