United States Fourth Circuit

In an action by the NLRB seeking an injunction requiring Defendant to offer employment to persons it had refused to hire because of union affiliation, judgment for Plaintiff is affirmed where the District Court properly considered the balance of harms and other equitable factors in issuing the injunction.

Appellate Information

• Decided 07/01/2009
• Published 07/01/2009

Judges

• Before MOTZ, GREGORY, and DUNCAN, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• ARGUED:  Forrest Hansbury Roles, Dinsmore & Shohl LLP, Charleston, West Virginia, for Spartan Mining Company, d/b/a Mammoth Coal Company and Massey Energy Company, and its subsidiary.  Laura T. Vazquez, National Labor Relations Board, Washington, D.C., for Gary W. Muffley, Regional Director of the Ninth Region of the National Labor Relations Board, for and on behalf of the National Labor Relations Board.  Judith E. Rivlin, United Mine Workers of America, Fairfax, Virginia, for Amicus Curiae United Mine Workers of America.   ON BRIEF:  Brace R. Mullett, Dinsmore & Shohl LLP, Charleston, West Virginia;  Richard R. Parker, Jennifer S. Rusie, Ogletree, Deakins, Nash, Smoak & Stew-Art, PC, Nashville, Tennessee, for Spartan Mining Company, d/b/a Mammoth Coal Company and Massey Energy Company, and its subsidiary.   John E. Higgins, Jr., Deputy General Counsel, Barry J. Kearney, Associate General Counsel, Judith I. Katz, Assistant General Counsel, Steven L. Sokolow, Deputy Assistant General Counsel, National Labor Relations Board, Washington, D.C., for Gary W. Muffley, Regional Director of the Ninth Region of the National Labor Relations Board, for and on behalf of the National Labor Relations Board.  Charles F. Donnelly, United Mine Workers of America, Charleston, West Virginia;  Grant Crandall, United Mine Workers of America, Fairfax, Virginia, for Amicus Curiae United Mine Workers of America.