Monday, January 7, 2019

Cobalt Coal Corp. Mining, Inc.

The Board granted the General Counsel’s Motion to Vacate and, upon de novo consideration, to reissue the Board’s May 24, 2013 Decision and Order granting the General Counsel’s Motion for Default Judgment in this proceeding (359 NLRB No. 123).  The Board issued the original decision at a time when the Board included two persons whose appointments to the Board were subsequently determined to be constitutionally infirm.  NLRB v. Noel Canning, 134 S. Ct. 2550 (2014).  After considering the Motion for Default Judgment de novo, the Board granted the General Counsel’s motion and found that the Respondent violated Section 8(a)(3) and (1).

Charges filed by United Mine Workers of America, AFL-CIO.  Chairman Ring and Members Kaplan and Emanuel participated.

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