MARROWBONE DEVELOPMENT CO. v. DISTRICT 17

No. 97-1642.

147 F.3d 296 (1998)

MARROWBONE DEVELOPMENT COMPANY, Plaintiff-Appellant, v. DISTRICT 17, UNITED MINE WORKERS OF AMERICA; Local Union 93, United Mine Workers of America, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 8, 1998.


Attorney(s) appearing for the Case

ARGUED: Ronald E. Meisburg, Heenan, Althen & Roles, Washington, DC, for Appellant. Kevin F. Fagan, District 17, UMWA, Charleston, West Virginia, for Appellees. ON BRIEF: William I. Althen, Heenan, Althen & Roles, Washington, DC; Donna C. Kelly, Heenan, Althen & Roles, Charleston, West Virginia, for Appellant. Charles F. Donnelly, Hostler & Donnelly, L.C., Charleston, West Virginia, for Appellees.

Before NIEMEYER and WILLIAMS, Circuit Judges, and JONES, United States District Judge for the Western District of Virginia, sitting by designation.


Reversed by published opinion. Judge NIEMEYER wrote the majority opinion, in which Judge WILLIAMS joined. Judge JONES wrote a dissenting opinion.

OPINION

NIEMEYER, Circuit Judge:

The issue presented in this case is whether a national collective-bargaining agreement, which requires an employer to assign to employees of a local union work previously done by contractors, violates § 8(e) of the National Labor Relations Act (prohibiting agreements...

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