Chevron Mining Inc. v. NLRB, No. 10-1382 (D.C. Cir. 2012)
Annotate this CaseIn 2005, Chevron Mining, Inc. (CMI) amended its employee bonus plan in response to the decision of the United Mine Workers of America to call "memorial period" work stoppages. The National Labor Relations Board (Board) concluded that the amended was an unfair labor practice. CMI filed a petition for review in the D.C. Circuit Court of Appeals, and the Board filed a cross-application for enforcement. The Ninth Circuit denied CMI's petition for review and granted the Board's cross-application for enforcement, holding (1) the employees' participation in the 2004 memorial days was protected under the National Labor Relations Act (Act); and (2) the Board's finding that CMI's amendment to the bonus plan violated the Act was supported by substantial evidence.
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