Reference no: EM131280890
United Mine Workers of America, District 28, engaged in a protracted labor dispute with the Clinchfield Coal Co. and Sea "B" Mining Co. over alleged unfair labor practices.
In April 1989, the companies filed suit in Virginia to enjoin the union from conducting unlawful strike-related activities. The trial court entered an injunction that prohibited the union and its members from, among other things, obstructing ingress and egress to company facilities, throwing objects at and physically threatening company employees, placing tire-damaging "jackrocks" on roads used by company vehicles, and picketing with more than a specified number of people at designated sites. The court additionally ordered the union to take all steps necessary to ensure compliance with the injunction, to place supervisors at picket sites, and to report all violations to the court.
On May 16, 1989, the trial court held a contempt hearing and found that the union had committed 72 violations of the injunction. After fining the union $642,000 for its disobedience, the court announced that it would fine the union $100,000 for any future violent breach of the injunction and $20,000 for any future nonviolent infraction. In seven subsequent contempt hearings held between June and December 1989, the court found the union in contempt for more than 400 separate violations of the injunction, many of them violent.
Each contempt hearing was conducted as a civil proceeding before the trial judge, in which the parties conducted discovery, introduced evidence, and called and cross-examined witnesses. The trial court required that contumacious acts be proved beyond a reasonable doubt, but did not afford the union a right to jury trial. The court levied $52 million in fines against the unions and directed that the money be paid to the state and two of its counties. The union contends that the fines were criminal and could not be imposed absent a criminal trial. The state contends that the fine schedule was intended to coerce compliance with the injunction and therefore the fines were civil and properly imposed in civil proceedings. Decide.
|
May an injunction be issued by a court against the neca ibew
: EW and NECA argued that no injunction could be issued. May an injunction be issued by a court against the NECA-IBEW agreement?
|
|
Effectiveness of a poverty alleviation program
: 1. Explain precisely how and why the moral hazard may arise in rural land contract in developing countries. 2. In order to know the effectiveness of a poverty alleviation program, an economist has run the following regression:
|
|
Transnational-international and localization strategy
: Write a paper in which you identify and describe how the company you selected in Workshop One (“Haynes International” developer of heat and corrosive resistant alloys)could accomplish local responsiveness using the global standardization strategy, tr..
|
|
Cobb-douglas production function
: The output of an economy is characterized by a Cobb-Douglas production function with constant return to scale and an output elasticity with respect to capital equal to 0.3. Also given are the following parameters: 30% saving rate, 5% depreciation ..
|
|
A protracted labor dispute with the clinchfield coal company
: The state contends that the fine schedule was intended to coerce compliance with the injunction and therefore the fines were civil and properly imposed in civil proceedings. Decide.
|
|
Estimate the mach number of the flow entering the shock
: Just upstream of a normal shock in an airflow, Ma = 3.0, T = 600 °R, and p = 30 psia. Estimate values of Ma, T0, T, p0, p, and V downstream of the shock.
|
|
Experiences with strategy as it relates to globalization
: Evaluate your experiences with strategy as it relates to globalization. Discuss your views and current debates on globalization. For example, discuss how globalization leads to instability and causes lower wages, or discuss how employment practices a..
|
|
List and describe four concepts from the video
: List and describe four concepts -- two from the video and two from the article -- that we covered in class that were discussed in detail in the materials.
|
|
Levels of awareness of organizational issues
: The three basic elements of the interpersonal communication process are the source, the encoder, and the decoder. The source's view of the destination of the communication is a communication microbarrier. In servant leadership, leaders view their pri..
|