NLRB Files for Injunction to Force Massey to Rehire
Cannelton Workers, Recognize, and Bargain with UMWA The National Labor Relations Board (NLRB) recently filed a Petition for Injunctive Relief with the Federal District Court in Charleston, W.Va., seeking an order that would require Massey Energy’s Mammoth Coal Co. subsidiary to rehire up to 85 miners who previously worked at the former Cannelton mine, now called the Mammoth mine, in eastern Kanawha County, W.Va.
The injunction would also require the company to recognize the United Mine Workers of America (UMWA) as the bargaining representative for all the workers at the mine, implement the terms and conditions of the 2002 National Bituminous Coal Wage Agreement and begin bargaining for a new agreement.
The request for injunction seeks enforcement of a November 2007 decision by NLRB Administrative Law Judge (ALJ) Paul Bogas that found Massey Energy discriminated against employees of the former Cannelton mine when Massey took over operation of the mine in 2004 by refusing to hire them "on the basis of their membership in the predecessor’s bargaining unit and their prounion sentiments."
Massey has appealed that decision. However, if the injunction is granted, Massey will be required to implement the ALJ’s decision while the appeals process is going on.