N.L.R.B. v. LOW KIT MIN. CO.

No. 93-1060.

3 F.3d 720 (1993)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. LOW KIT MINING COMPANY, A successor to Spangler Coal Company, Incorporated, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided August 25, 1993.


Attorney(s) appearing for the Case

Margaret Ellen Luke, N.L.R.B., Washington, DC, argued (Jerry M. Hunter, Gen. Counsel, Yvonne T. Dixon, Acting Deputy Gen. Counsel, Nicholas E. Karations Acting Associate Gen. Counsel, Aileen A. Armstrong, Deputy Associate Gen. Counsel, and Peter Winkler, Supervisory Atty., N.L.R.B., on brief), for petitioner.

Mark Anthony Carter, argued (Forrest H. Roles, on brief), Smith, Heenan & Althen, Charleston, WV, for respondent.

Before POWELL, Associate Justice (Retired), United States Supreme Court, sitting by designation, and HAMILTON and WILLIAMS, Circuit Judges.


OPINION

HAMILTON, Circuit Judge:

The National Labor Relations Board (NLRB) seeks enforcement of its order, 309 N.L.R.B. No. 76, adopting the recommended factual findings, conclusions of law and remedies of the Administrative Law Judge (ALJ). The ALJ recommended setting aside a prior settlement agreement between the United Mine Worker's Association (the Union) and Low Kit Mining Company (Low Kit) for two alternative reasons. First, the ALJ found that Low...

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