Representation of Energy Industry Companies

Ms. Dailey has represented a large number of companies in the energy industry in the eastern, mid-west and western coalfields in unfair labor practice charges, organizing drives, collective bargaining, violent strikes in the 1980's and 1990's, arbitration, merger and acquisitions, labor successorship questions and safety issues with respect to discrimination claims before MSHA and individual MSHA 110(c) liability issues. Her experience includes successful jury trial verdicts in secondary boycott actions for $6.8 million on behalf of Marrowbone and $1.2 million on behalf of Elk Run, two Massey subsidiaries, against the UMWA, stemming from violent strikes in 1981. Served as lead discovery counsel in multiple secondary boycott actions filed in 1989 due to roving strikes incident to the UMWA contract dispute with Pittston. Represented EACC in case decided by United States Supreme Court in 2000. (EACC v. Mine Workers, 531 U.S. 57 (2000). Ms. Dailey has also conducted internal fraud and sexual harassment investigations on behalf of energy companies and represented them in federal and state courts and agencies in employment matters.

Large Multi-National Rubber Chemical Manufacturer

Handled several West Virginia employment law jury trials and a deliberate intent injury trial for multi-national rubber chemical manufacturer. Employment cases included claims of discrimination due to: age, whistleblower activity, disability and reasonable accommodation.

Several West Virginia Manufacturers

Assisted with union organizing campaigns, including handling representation hearings, training of supervisors, advice in avoiding unfair labor practices, representing on challenges or objections following secret ballot elections.

Multi-National Water Treatment Chemical Company

Represented in non-compete litigation

Multi-National Package Delivery Business

Represented in unfair labor practice charges against union in violent strike situation.

Multi-State Utility Company

Represented company in West Virginia employment law cases, unfair labor practice charges and grievance arbitration hearings.

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.

Superior Pocahontas Coal Company v. Island Creek Coal Company, 840 F.2d 11 (4th Cir. 1988)

Defended company in claim for pension plan withdrawal liability claim incurred by other company when it ceased operations, where adhesion contract claimed.

Myers v. Califano, 611 F.2d 980 (4th Cir. 1980)

Social Security Disability case taken while in law school.

Gilbert Imported Hardwoods, Inc. v. Holland, 176 F.Supp.2d 569 (S.D. W.Va. 2001)

UMWA Funds collection case.

Holland v. Kitchekan Fuel Corp., 137 F.Supp.2d 681 (S.D. W.Va. 2001)

UMWA Funds collection case.

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 judgment to set aside arbitrator's decision.

Ballmer v. Babbitt, 926 F.Supp.575 (S.D. W.Va. 1996)

Ownership and Control case under SMCRA.

Connors v. Paybra Mining, Inc., 817 F.Supp. 34 (S.D. W.Va. 1993)
Connors v. Paybra Mining, Inc., 807 F.Supp. 1242 (S.D. W.Va. 1992)

Court found breach of fiduciary duties where shareholders of closely held corporation, which participated in a union pension plan, favored general creditors and spent lavishly rather than make plan payments.