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N.L.R.B. v. R & H COAL CO., INC.

No. 92-1934.

992 F.2d 46 (1993)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. R & H COAL COMPANY, INCORPORATED, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided April 19, 1993.

Attorney(s) appearing for the Case

Christopher Warren Young, N.L.R.B., Washington, DC, argued (Jerry M. Hunter, General Counsel, Yvonne T. Dixon, Acting Deputy Gen. Counsel, Nicholas E. Karatinos, Acting Associate Gen. Counsel, Aileen A. Armstrong, Deputy Associate Gen. Counsel, Linda Dreeben, Supervisory Atty., N.L.R.B., on brief), for petitioner.

Niall Anthony Paul, Spilman, Thomas, Battle & Kloster-Meyer, Charleston, WV, argued (Charles L. Woody, on brief), for respondent.

Before RUSSELL and WILKINSON, Circuit Judges, and CHAPMAN, Senior Circuit Judge.

OPINION

WILKINSON, Circuit Judge:

R & H Coal Company, Inc. was found to have violated §§ 8(a)(1) and 8(a)(5) of the National Labor Relations Act by unilaterally reducing the wages of its miners. The National Labor Relations Board ordered R & H to give its miners backpay for the period during which R & H had lowered their wages. R & H sought to offset the backpay award with certain production incentive bonuses that R & H had...

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