Dickenson-Russell Coal Company, LLC v. International Union, United Mine Workers of America et al

Filing 34

JUDGMENT in favor of International Union, United Mine Workers of America, Local Union 7170, District 17, United Mine Workers of America against Dickenson-Russell Coal Company, LLC; Judgment entered denying 23 Motion for Summary Judgment and granting 26 Motion for Summary Judgment; all other directives are noted in this order. Signed by Judge James P. Jones on 1/3/2012. (flc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
BIG STONE GAP DIVISION

DICKENSON-RUSSELL COAL
COMPANY, LLC,
Plaintiff,
v.
INTERNATIONAL UNION, UNITED
MINE WORKERS OF AMERICA, ET
AL.,
Defendants.

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Case No. 2:11CV00023
JUDGMENT
By: James P. Jones
United States District Judge

For the reasons stated in the Opinion accompanying this Judgment, it is
ADJUDGED AND ORDERED as follows:
1. The Motion for Summary Judgment by Dickenson-Russell Coal Company,
LLC, (ECF No. 23) is DENIED;
2. The Motion for Summary Judgment by Defendants and Counterclaimants
(ECF No. 26) is GRANTED;
3. Judgment is entered in favor of the Defendants and Counterclaimants, the
arbitrator’s Award and Supplemental Award are enforced, and DickensonRussell Coal Company, LLC, is hereby directed to forthwith comply
therewith;

4. Dickenson-Russell Coal Company, LLC, is directed to pay interest at the
annual rate of six percent on the amount of back pay owed to grievant Robert
Gilbert in accord with the arbitrator’s Supplemental Award, until paid; and
5. In the event that Defendants and Counterclaimants file a motion seeking
attorneys’ fees in accord with Federal Rule of Civil Procedure 54(d)(2),
Dickenson-Russell Coal Company, LLC, may file a response thereto within 7
days of service.

If such a response is timely filed, Defendants and

Counterclaimants may reply within 7 days of service.
ENTER: January 3, 2012
/s/ James P. Jones
United States District Judge

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