Experience
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Represented company in successive R petitions filed by union and then withdrawn before R-hearing could be held.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.
Holland v. Kitchekan Fuel Corp., 137 F.Supp.2d, 681 (2001)
Pension plan liability case
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.
Pocahontas Coal Company v. Island Creek, et al., 840 F.2d 11 (4th Cir. 1988)
Suit to recover pension plan withdrawal liability incurred to UMWA
Marrowbone Development Company v. UMWA, (S.D.W.V. 1987)
Represented company in Section 303 damage case in federal court regarding union violence in secondary boycott where union defense was single employer claims. Won $6.8 million in damages.
Elk Run v. UMWA – (S.D.W.V. 1986)
Represented company in Section 303 damage case in federal court regarding union violence. Won $1.8 million in damages.
District 29, UMWA v. Royal Coal Company, 786 F.2d 588 (4Cir. 1985)
Case involved company's obligation to provide health benefits to retired and disabled miners after expiration of 1981 Wage Agreement when it ceased all active mining and did not execute 1984 Wage Agreement.
- Page 2 of 2