NLRB v B.A. Mullican Lumber Mfg. Co. 335 F. 3d 271, 283 ( 4th Cir. 2008)
Jan 01, 2008OUTCOME: Circuit court reversed the NLRB and held that the employer lawfully withdrew recognition from the union
The Employer, B.A. Mullican, had withdrawn recognition of the United Mine Workers Union on the basis of employee letter claiming union had lost majority status. The Company also claimed that the Board ... had proof in it's filethrough a signed petition that the union had lost majority status. The NLRB determined that the withdrawal was unlawful. The Company challenged the ruling and the Circuit Court agreed that the witdrawal of recognition was lawful and reversed the NLRB. The case has been used by the NLRB General Counsel to issue new guidelines on the right of an employer to witdraw recognition based upon objective evidence that the Region has in it's file that the union has lost majority status.
