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UNITED STEEL, PAPER AND FORESTRY v. KY WEST VA GAS

Civil No. 10-11-ART.

795 F.Supp.2d 596 (2011)

UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO, CLC, et al., Plaintiff, v. KENTUCKY WEST VIRGINIA GAS COMPANY, LLC, et al., Defendants.

United States District Court, E.D. Kentucky, Southern Division, Pikeville.

June 13, 2011.

Attorney(s) appearing for the Case

Adrienne Adams Berry , Michele D. Henry , Everett C. Hoffman , Irwin H. Cutler, Jr. , Priddy, Cutler, Miller & Meade, PLLC, Louisville, KY, Daniel Kovalik , United Steelworkers, Pittsburgh, PA, for Plaintiff.

Jaron P. Blandford , McBrayer, McGinnis, Leslie & Kirkland, PLLC, Lexington, KY, J. Richard Hammett , Baker & McKenzie, Houston, TX, for Defendants.

MEMORANDUM OPINION & ORDER

AMUL R. THAPAR, District Judge.

With two exceptions, the National Labor Relations Act forbids bargaining with a union that does not represent a majority of the employees in an "appropriate" bargaining unit. In this case, the employees in a union-represented bargaining unit have been split up between two subsidiaries. So to decide whether the employer has an enforceable...

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