National Labor Relations Board v. Maidsville Coal Company, Inc.

ALBERT V. BRYAN, Senior Circuit Judge:

Adjudging respondent employer guilty of abridging the National Labor Relations Act, 29 U.S.C. § 151 et seq. (1976), in multiple respects, the National Labor Relations Board (Board or NLRB) now prays this Court to enforce the Board’s Order of September 1, 1981, requiring, inter alia, Maids-ville Coal Company, the employer, to bargain with the United Mine Workers of America (Mine Workers). For the reasons which follow, we decline enforcement and remand the cause to the Board for further proceedings consistent with this opinion.

I

In April 1979, the Miné…