United States Fourth Circuit

Evidence that new plant location would be more profitable is sufficient to show that company did not relocate a plant in order to retaliate against striking workers in violation of Section 8(a)(3) of the National Labor Relations Act.

Appellate Information

• Decided 12/01/2000
• Published 12/01/2000

Judges

• Before WILKINSON, Chief Judge, and NIEMEYER and LUTTIG, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• ARGUED:  Michael S. Mitchell, Fisher & Phillips, L.L.P., New Orleans, LA, for Dorsey Trailers.  David Arthur Fleischer, Senior Attorney, National Labor Relations Board, Washington, DC, for Board.  Stephen Anthony Yokich, Cornfield & Feldman, Chicago, IL, for Intervenors.   ON BRIEFS:  Scott D. Schneider, Fisher & Phillips, L.L.P., New Orleans, LA;  James M. Walters, Fisher & Phillips, L.L.P., Atlanta, GA, for Dorsey Trailers.  Linda Sher, Associate General, Aileen A. Armstrong, Deputy Associate General, National Labor Relations Board, Washington, DC, for Board.