Nat’l Labor Relations Bd. v. Big Ridge, Inc.

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In 2012, the National Labor Relations Board found that Big Ridge violated the National Labor Relations Act, 29 U.S.C. 158, by threatening employees with mine closure and job loss based on their support of the union and discharging employee Waller because of his union support. The Seventh Circuit vacated the order, finding that the Board lacked a quorum because three of the Board’s five members were improperly appointed under the Recess Appointments Clause of the Constitution. In 2014, a validly constituted Board considered the case anew and again found that Big Ridge violated the Act. The Seventh Circuit denied Big Ridge’s petition for review and granted the Board’s cross-application for enforcement of its order, holding hold that the Board had jurisdiction to consider the case anew with a properly constituted Board. The Board established, by a preponderance of the evidence that anti-union animus was a motivating factor in Waller’s discharge; Big Ridge has not met its burden to show that it would have discharged Waller despite his union activities. View "Nat'l Labor Relations Bd. v. Big Ridge, Inc." on Justia Law