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MACK v. UNITED MINE WKRS. OF AMERICA

Civ.No. 3-78-34.

466 F.Supp. 474 (1978)

Curtis L. MACK, Regional Director of the Tenth Region of the National Labor Relations Board, for and on behalf of the National Labor Relations Board, Petitioner, v. UNITED MINE WORKERS OF AMERICA and United Mine Workers of America Local 1975, Respondents.

United States District Court, E. D. Tennessee, N. D.

February 23, 1978.

Attorney(s) appearing for the Case

William E. Caldwell, Atlanta, Ga., for N.L.R.B.

John B. Rayson, Knoxville, Tenn., Ottis B. Meredith, Clinton, Tenn., for respondents.

MEMORANDUM AS RENDERED

ROBERT L. TAYLOR, District Judge.

The Regional Director, on behalf of the NLRB, faces a relatively insubstantial burden of proof when he petitions a district court for temporary injunctive relief. He need not prove that a violation of the Act has in fact occurred, nor must he convince the Court of the validity of the legal theory upon which he predicates the charge.

"Rather, he need only demonstrate that he has reasonable...

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