Friday, July 25, 2008

Fourth Circuit reverses NLRB on union decertification arising out of Wise County

In NLRB v. Mullican Lumber and Manufacturing, the Fourth Circuit in a published opinion by Judge Niemeyer, joined by Chief Judge Williams and District Judge Williams from Maryland, denied the NLRB's petition for enforcement and granted the company's cross-petition for review, concluding that the unfair labor practice charges against Mullican over its facility in Norton were deficient because the company had sufficient evidence that the majority of its employees there no longer wanted to be represented by the UMWA.

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