Represented a Company in NLRB Charges Related to Collective Bargaining Negotiations (2017)
We successfully represented a Caterpillar dealer in NLRB charge following last best final offer and implementation in collective bargaining with the Operating Engineers.
Successfully Defended a Client During an Age Discrimination Case (2017)
We successfully represented a company and its president through an age discrimination-in-hiring case. The plaintiff was part of a predecessor’s management team and younger than the candidate the company ultimately selected. Plaintiff had also executed a severance agreement with the predecessor employer concerning the sale to the defendants. The company took the position the case was appropriate for Rule 11 sanctions. On the eve of trial the plaintiff asked to settle by dismissing case if defendants would not sue the plaintiff’s lawyers under Rule 11.
Represented Coal Company in Acquisition of Mines
Dinsmore, led by Tom Rubenstein and Jason Sims, represented Coronado in a $420 million transaction that included 14 other attorneys from various practice groups within the firm. In the transaction, Coronado acquired the Buchanan Mine Complex in Southwest Virginia along with the idled Amonate Complex and additional undeveloped metallurgical coal reserves in Southwest Virginia and Pennsylvania from CONSOL Energy, Inc.
Dinsmore acted as lead counsel in the transaction and was responsible for nearly all legal issues concerning the transaction, including advising the client on environmental, tax, labor and employment, employee benefits and real estate issues.
This particular coal transaction involved complex issues because CONSOL Energy retained rights to the natural gas on these properties, which required Dinsmore to assist Coronado in the negotiation of cooperation agreements related to the properties and advising Coronado on the proper structure for the transaction based on the continuing relationship that will exist between Coronado and CONSOL Energy after the consummation of the transaction.
Coronado significantly increased its capacity with this acquisition and now has an enhanced position in the markets it serves with a greater ability to serve its customers and increase its overall sales.
Acquisition of Several Unionized Health Care Facilities & Follow on Bargaining (2016)
Over a course of 3 years, provided labor due diligence and advice in the acquisition of several unionized health care facilities and negotiated first time collective bargaining agreements with the SEIU, the USW and the Teamsters.
Collective Bargaining Negotiations in Construction Industry (2016)
Assisted various construction companies in contract negotiations with USW Painters Union and Bricklayers Union.
Acquisition of surface mine, deep mine, coal reserves, coal leases and mining permits
We served as deal counsel for a coal producing company in its acquisition of a deep mine and substantial coal reserves, together with a surface mine, coal and surface leases, and mining permits, for a total value of approximately $25 million. The transaction included a unique financing structure involving the acquisition of certain reserves and a leasing arrangement with third party landholding companies, as well as important labor considerations resulting from certain obligations of the Seller to the UMWA. We helped negotiate and drafted all of the documents necessary to facilitate the deal, and handled all aspects of the due diligence review including labor issues. We counseled the client through the successful closing and execution of the purchase, which will allow the client to expand its mining operations in the Appalachian coal fields.
Acquisition of Coal Mining Operation Assets
We served as transaction counsel to Coronado Coal II LLC in an approximately $174 million transaction involving the acquisition of the coal mining operation assets of Cliffs Logan County Coal, LLC from Cliffs Natural Resources, Inc. The assets involved in the transaction were active underground and surface mines with metallurgical and thermal reserves, preparation and loading facilities and related infrastructure. We advised the client at each step of the transaction, including the initial offer and proposed letter of intent, due diligence, negotiating the purchase agreement, transition services agreement, permit operating agreement and certain third party agreements and efficiently executing the closing of the sale. The transaction, was the firm's fourth coal asset acquisition for this client and the entities associated with it since 2012.
Successfully Defended a Publicly Held Client Against a Claim of Disability Discrimination (2015)
Successfully defended a company in charge of disability discrimination following the discharge of an HIV-positive employee due to performance issues unrelated to his illness.
Acquisition of Two Metallurgical Coal Companies in West Virginia
In an environment of increased scrutiny and regulations, coal companies and mine operators must be able to strategically grow and evolve in order to succeed. Seeking to expand their role in the metallurgical coal market, the coal company turned to Dinsmore to guide them through the acquisition of the two metallurgical coal companies with coal mine complexes in southern West Virginia. We served as deal counsel for the transaction, handling everything from due diligence to negotiating the purchase agreement to coordinating, negotiating complex employment liability issues, and shepherding the closing of the sale. The transaction will enable our client to enter the metallurgical coal market and expand their business offerings moving forward.
Obtained a Favorable Resolution for a Law Firm Client Accused of Sex Discrimination (2013)
We obtained the favorable and confidential resolution of case for a client where the plaintiff claimed sex discrimination as the reason she was not made a partner in the law firm.
Secured Favorable Resolution for a Publicly Held Client in Hazing Case (2013)
We obtained the favorable and confidential resolution of a case for a publicly held client where two employees claimed constructive discharge following unfortunate horseplay and extreme hazing which led to embarrassing allegations and two constructive discharges.
Multi-State Utility Company (2007-2011)
Represented company in West Virginia employment law cases, unfair labor practice charges and grievance arbitration hearings.
9-RC-17844 - Rockspring Development, 353 NLRB No. 105 (2004-2009)
UMWA election where initial tally of ballots was 110 for and 103 against union representation with 9 outcome determinative challenged ballots in 2004. Represented clients in hearings on challenge ballots and appeals, including challenges on supervisory and managerial status of challenged voters. Ultimately, all ballots were opened with final election results in 2009 of 110 for and 112 against union representation.
EEOC v. Brooks Run Mining, LLC, (S.D.W.V. 5:08-CV-71) (2009)
Defended client in sex discrimination case brought by the EEOC on behalf of female security guards employed by a contractor and assigned to work at our client’s facilities. Case was resolved favorably for the client after we filed a dispositive motion showing significant deficiencies in the EEOC’s proof against our client.
Successfully Defended a Company Following UMWA Charges to NCRB (2009)
We successfully defended a publicly held company on two different charges filed by the UMWA: 1) alleging violation of contract in implementing drug testing policy and 2) violation of contract in using student engineers to learn production processes. Both cases resulted in withdrawal of charges by UMWA.
27-CA-20837 – Foundation Coal West, Inc. (2008)
Successfully represented company in subsequent case regarding failure to promote union organizer and settled new allegations regarding additional distribution of literature issues.
6-RC-12619 – Simonton Windows (2008)
Represented employer in R proceedings on unit under-inclusive issues and succeeded in having union withdraw its petition. Also provided labor law training to supervisors.
9-CA-44064 – Magnum Coal Company and Apogee Coal Company (2008)
Successfully defended company in unilateral change charge on implementing drug testing program after company's discussions with union and it's clean unmistakable waiver.
9-RC-18206 – Carmeuse Lime LLC, (2008)
Represented employer in R proceedings and gave legal advice on lawful Section 8(c) communications during election campaign. Union won election 76-71.
Foundation Coal West, Inc., 352 NLRB No. 22 - 27-CA-20202; 27-CA-20295 (2007-2008)
Represented company in NLRB solicitation and distribution cases incident to union organizing drive and issues surrounding distribution of literature in a mixed-use venue.
Hildebrand v. Ashland v. Chemtreat, Inc. - S.D.W.V. 2:07-CV-585 (2008)
Represented a publicly held company in non-compete litigation. Reached beneficial compromise following testimony at injunction hearing.
9-CA-43629 - Carmeuse Lime LLC, (2007)
Successfully defended company in discharge case involving alleged union organizer discharged for repeated safety violations.
Kingston Resources - 9-RC-18041; 9-RC-18044 (2004-2005)
Represented company in successive R petitions filed by union and then withdrawn before R-hearing could be held. Provided labor law training to supervisors.
Lone Mountain Processing, Inc. - 11-RC-6591 (2005)
Represented company in election proceedings and provided both labor law training and legal advice during campaign on lawful NLRA 8(c) communications. Union withdrew petition on eve of election.
Multi-National Package Delivery Business (DHL Express), 9-CB-11361 (2005)
Represented in unfair labor practice charges against Teamster, Local 505 in violent strike situation.
AEP Ohio Coal (2003)
Represented company in R-hearings, ULP charges and advice on lawful campaign communications. Company won R-hearing and ULP charges. Vote in union election was 110 for company and 49 for union with 29 ballots challenged by union.
Pittston Coal Group, Inc., 334 NLRB 690 (2001)
Successfully defended company in ULP case regarding failure to provide information which was outside control of employer and where employer made good faith effort to obtain. Employer not obligated as part of good faith efforts to end contractual relationship over negative reply of a contractor in order to force its cooperation.
District 17, UMWA v. Marrowbone Development Company, 232 F.3d 383 (4th Cir. 2000)
Defended company in union's effort to overturn arbitration decision. Case eventually remanded to arbitrator in order to take additional evidence.
Eastern Associated Coal Corp. v. United Mine Workers of America, District 17, et al., 531 U.S. 57 (2000)
U.S. Supreme Court held that public policy considerations do not require courts to refuse to enforce an arbitration award ordering an employer to reinstate an employee truck driver even though he twice tested positive for drug use. Worked with now-Chief Justice John Roberts, who was retained to do oral argument to the Supreme Court.
Flexsys America, L.P. v. Local Union 12610, 88 F.Supp.2d 600 (S.D. W.Va. 2000)
After hearing, arbitrator held ex parte conversation with employer advocate requesting company re-open hearing to investigate whether discharged employee's supervisor was "gay" which would influence arbitrator's decision. Obtained judgement to set aside arbitrator's decision due to discriminatory bias.
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