N.L.R.B. v. LOCAL UNION 1058, UMWA

No. 91-3034.

957 F.2d 149 (1992)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. LOCAL UNION 1058, UNITED MINE WORKERS OF AMERICA; Local Union 1501, United Mine Workers of America; Local Union 1570, United Mine Workers of America; Local Union 1829, United Mine Workers of America; Local Union 1938, United Mine Workers of America; Local Union 1949, United Mine Workers of America; Local Union 9909, United Mine Workers of America, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided February 26, 1992.


Attorney(s) appearing for the Case

Robert James Englehart, N.L.R.B., Washington, D.C., argued (Jerry M. Hunter, Gen. Counsel, D. Randall Frye, Acting Deputy Atty. Gen., Aileen A. Armstrong, Deputy Associate Gen. Counsel, Collis Suzanne Stocking, Supervisory Atty., William R. Stewart, on brief), for petitioner.

James Morrison Haviland, McIntyre, Haviland & Jordan, Charleston, Va., argued (Barbara Evans Fleischauer, Fairmont, W.Va., on brief), for respondents.

Before HALL and MURNAGHAN, Circuit Judges, and HARVEY, Senior District Judge for the District of Maryland, sitting by designation.


OPINION

K.K. HALL, Circuit Judge:

The National Labor Relations Board (NLRB or Board) petitions for enforcement of its order finding that respondents, seven local unions of the United Mine Workers of America (UMW), violated § 8(b)(1)(A) of the National Labor Relations Act. We deny enforcement.

I.

A.

A synopsis of background facts is necessary to understand this case in context.

This case arises from intraunion jealousies...

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