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CHEVRON MINING, INC. v. N.L.R.B.

Nos. 10-1382, 11-1006.

684 F.3d 1318 (2012)

CHEVRON MINING, INC., formerly known as The Pittsburgh & Midway Coal Mining Company, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided July 3, 2012.

Attorney(s) appearing for the Case

Eugene Scalia argued the cause for petitioner. With him on the briefs were Olusola Ayanbule and Amir C. Tayrani.

MacKenzie Fillow , Attorney, National Labor Relations Board, argued the cause for respondent. With her on the brief were David S. Habenstreit , Assistant General Counsel, and Usha Dheenan , Supervisory Attorney. Jeffrey J. Barham , Attorney, entered an appearance.

Deborah Stern argued the cause and filed the brief for amicus curiae United Mine Workers of America in support of respondent.

Dissenting opinion filed by Senior Circuit Judge WILLIAMS.

GRIFFITH, Circuit Judge:

In 2005, Chevron Mining, Inc. amended its employee bonus plan in response to the decision of the United Mine Workers of America to call "memorial period" work stoppages. The National Labor Relations Board concluded that the amendment was an unfair labor practice, and we agree.

I

Before the Board, the parties agreed on a set of facts, exhibits, and issues presented. We rely on those stipulations.

The United Mine Workers...

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