Blue Valley Coal Corp.

In the Matter of BLUE VALLEY COAL CORPORATION and UNITED MINE WORKERS OF AMERICA, DISTRICT # 23, AFFILIATED WITH THE C. I. O. Case No. C-1406.Decided November 13, 1939 Coal Minvnd Industry-Settlement : stipulation providing for compliance with the Act, including disestablishment of company-dominated union and reinstate- ment with back pay in specified amount as to one employee-Order: entered on stipulation. Mr. Arthur R. Donovan, Mr. Colonel C. Sawyer, and Mr. Robert D. Malarney, for the Board. Gordon, Gordon ct Moore, of Madisonville, Ky., for the respondent. Mr. Ed. J. Morgan, of Madisonville, Ky., and Mr. Earl C. Houck, of Washington, D. C., for the United. Mr. Langdon West and Miss Margaret Holmes, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by United Mine Workers of America, District #23, affiliated with the Congress of Industrial Organizations, herein called the United, the National Labor Relations Board, herein called the Board, by the Regional Director for the Eleventh Region (Indianapolis, Indiana), issued its complaint 1 dated October 20, 1939, against Blue Valley Coal Corpo- ration, Madisonville, Hopkins County, Kentucky, herein called the' respondent, ,'alleging that' the .respondent had engaged in and was enaging in unfair labor practices affecting commerce within the mean- ing of Section 8 (1), (2), and (3) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. A copy of the complaint accompanied by notice of hearing was duly served upon the respondent and the United. The respondent did not file an answer to the complaint. On October 23, 1939, the respond- ent, the United, and counsel for the Board entered into a stipula- 1 Although this case had been consolidated with several others by orders of the Board dated August 9, 1937 , May 3, 1939, and July 17 , 1939, respectively, these orders of con- solidation were revoked by the Board's order dated October 20, 1939. 17 N. L. R. B., No. 44. 539 540 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tion.in settlement of the case subject to the approval of the Board. This stipulation provides as follows : Blue Valley Coal Corporation, hereinafter called the Re- spondent; United Mine Workers of America, District #23, affiili- ated with- the Congress of Industrial Organizations, hereinafter sometimes called the United; and.-Arthur R. Donovan, Regional Attorney for the Eleventh Region of the National Labor Rela- tions Board, Colonel C. Sawyer and Robert D. Malarney, At- torneys, National Labor Relations Board, hereinafter sometimes called the Board, hereby stipulate and agree that : I Upon an amended charge duly filed by the United on Janu- ary 6, 1939, the National Labor Relations Board, by its Regional Director for-the Eleventh. Region, acting pursuant to authority granted in Section 10 (b) .of the National .Labor Relations Act. (49 Stat. 449)•, hereinafter sometimes called the Act, and pur- suant to authority granted by the Board's Rules and Regular tions, Series 2, Article II, Section 5, issued its Complaint on the 20th day of October 1939, against the Respondent. II' The Respondent and the United withdraw any and all motions and other pleadings which may have been filed by them in the proceeding herein, except that the United does not withdraw the amended charge referred to in Article I of this stipulation. III The Respondent and the United hereby waive their right to a hearing or hearings in this proceeding and all parties ex- pressly.agree that the amended charge filed on January 6, 1939, the complaint and notice of hearing issued on October 20, 1939; and this stipulation, may be introduced in the record of this' proceeding by filing the same with the Chief Trial Examiner of the National Labor Relations Board at Washington, D. C. IV. The Respondent and the United, hereby acknowledge due service of the complaint and notice of hearing and expressly waive any right or. privilege. which they may have for ten.(.10) days notice of hearing and to the holding of a- hearing or hear- ings in this proceeding and also -waive -any 'right or' privilege which they may have to the making of findings of fact and conclusions ,of law, by the Board. BLUE' VALLEY COAL CORPORATION 541 V The Respondent specifically admits each and every allegation in paragraphs I and II of the Board's complaint herein and stipulates and agrees that it is engaged in interstate commerce within the meaning of Section 2 (6) and (7) of the Act. Vi. The United and the Independent Miners' Union are labor organizations within the meaning of Section 2 (5) of the Act. VII . Upon the basis of the amended charge filed by the United on January 6, 1939, the complaint herein and. this stipulation, the Respondent -expressly consents to the issuance by the National Labor Relations Board of, an Order to the following effect : ORDER Upon the basis of this stipulation and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that the Blue Valley Coal Cor- poration, Madisonville, Hopkins County; Kentucky,' its officers, agents, successors, and assigns shall: 1. Cease and desist from: (a) In any manner -interfering with, restraining, or coercing its employees in the 'exercise of their rights to self- organization, to form, join, or assist labor organizations, to bargain collectively :through representatives of their own choosing, and to engage in concerted activity for the purposes of collective bargaining or other mutual aid or protection,. as guaranteed in Section 7 of the National Labor Relations Act; (b) Discouraging membership in the United Mine Workers of America, - District #23, affiliated with the Congress of Indus- trial Organizations, or any other labor organization of its em- ployees, or encouraging membership in the Independent Miners' Union or any other labor organization' of its employees, by dis- charging or refusing to reinstate any of its, employees or in_ any other manner discriminating in. regard to their hire and-tenure of employment or any term or 'condition of their employment; (c) Dominating or interfering with the administration of the Independent Miners' Union, or dominating or interfering with the formation or administration of any other labor organization of . its employees, or contributing . support A o any such' labor -organization ; , . 542 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (d) Recognizing the Independent Miners' Union as the repre- sentative of any of its employees for the purposes of dealing with the Respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other conditions of employ- ment. 2. Take the following affirmative action to effectuate the poli- cies of the National.Labor Relations Act : . (a) Offer to Bryant Wilsom-full reinstatement to his former position, or if such position is unavailable, to a position substan- tially equivalent thereto, without prejudice to any rights and privileges previously enjoyed by him. (b) Make whole Bryant Wilson for wages lost in consequence of his discharge by Respondent by payment to Bryant Wilson of the sum of Fifty ($50.00) Dollars. (c) Withdraw and continue to withhold all recognition of the Independent Miners' Union as a representative of any of its employees for the purpose of collective bargaining with the Re- spondent in respect to rates of pay, wages, hours of employment, and other terms or conditions of employment, and, completel--y; disestablish the Independent Miners' Union as such representa- tive ; (d) Immediately post notices in conspicuous places through- out its plant and maintain such notices for a period of sixty (60) consecutive days, stating (1) that the Respondent will cease and desist as aforesaid, (2) and that the Respondent will take the affirmative action as aforesaid ; (e) Notify the Regional Director for the Eleventh Region of the National Labor Relations Board within a period of ten (10) days after the entry of this Order what steps have been taken to comply with said Order. VIII The Respondent hereby consents- to the- entry -by an appro- priate United States Circuit Court of Appeals, upon applica- tion by the Board, of a decree enforcing an Order of the Board as herein set forth in Article VII, above, and hereby waives further notice of the application for such decree. The United expressly waives any right or privilege to contest the entry of this decree by an appropriate Circuit Court of Appeals and hereby waives further notice of application for entry thereof. IX Wherever the facts, spelling of names, titles or other mate- rial and documents in the record of the proceeding herein shall BLUE VALLEY COAL CORPORATION 543 appear inconsistent with the names , titles or other material, set out and made part of this stipulation, the spelling of names, titles and other material in this stipulation shall be considered correct. X This stipulation shall be subject in all respects to the approval of the Board and shall become effective immediately upon ap- proval by the Board. If this stipulation is not approved by the Board, it shall be of no force and effect and shall not be used as evidence against the parties hereto in any subsequent proceeding herein. XI The entire agreement between all parties hereto is contained within the terms of this stipulation, and there is no verbal agree- ment of any kind which varies, alters, or adds to said stipula- tion in any respect. On November 10, 1939, the. Board issued its order approving the above stipulation, making it part of the record, and transferring the proceeding to the Board for the purpose of entry of a decision and order by the Board. Upon the basis of the above stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT 2 The respondent, a Kentucky corporation, with its principal office and place of business in or near the City of Madisonville, Hopkins County, Kentucky, is engaged in the business of mining, selling, and distributing coal. In the course and conduct of its business the respondent sells. and delivers, .,and -. has .r continuously sold and= delivered, a substantial quantity of coal, consisting of about 50 per cent of the coal mined by it as a part of its business, to the Illinois Central Railroad, a common carrier, for use in the operation of the instrumentalities of commerce. In addition, the respondent causes, and has continuously caused, a substantial quantity of coal, consisting of 30 per cent of the products mined, sold, and distributed by it as a part of its business at its mine near Madisonville, Kentucky, to be supplied, delivered and transported in interstate commerce. The respondent agreed that it is engaged in, interstate commerce within the meaning of the Act. 2 The facts set forth in this section are based .,upon allegations in the complaint admitted by>the:,respondent.. 544 DECISIONS OF NATIONAL LABOR RELATIOS7S BOARD We find that-the'above-described operations constitute-a continuous -flow of trade; traffic, - and commerce among the' several States. II. THE ORGANIZATIONS INVOLVED United Mine Workers of America, District #23, affiliated with the Congress of Industrial Organizations, and Independent Miners .Union, are labor organizations as defined in Section 2 (5) of the Act. ORDER ' Upon the basis of the above findings of fact, stipulation, and the entire record in the case, and pursuant to Section 10 .(c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that Blue Valley Coal Corporation, Madisonville, Hopkins County, Kentucky, its officers, agents, successors, and assigns shall : 1. Cease and desist from : (a) In any manner interfering with, restraining, or coercing its employees in the exercise of their rights to self -organization, to form, join, or assist labor organizations,' to bargain collectively through representatives - of their own choosing,' and to engage in concerted activity for the purposes of collective bargaining or other mutual aid or protection, as guaranteed in Section 7 of the National Labor Relations Act; (b) Discouraging membership. in :the- United Mine Workers of America, District #23, affiliated with the Congress of Industrial Organizations, 6r-any other labor organization of its employees, or encouraging membership in the Independent Miners' Union or any other labor organization of its, _employees, by. discharging or refus- •ing to reinstate any of its employeesor in any other manner-discrimi- nating in regard to their hire and tenure of employment or any term or condition of their employment;- . (c) Dominating or interfering with the administration of the Inde- pendent Miners' Union,. or dominating or interfering with the forma- tion or administration - of any other labor organization of its employees, or contributing support to any such labor organization; (d) Recognizing the Independent Miners' Union as the representa- tive of any of its employees for the purposes of dealing with the Respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other conditions of employment. 2. Take the following affirmative action which the Board finds -:,will effectuate the policies of the National-Labor Relations Act : (a) Offer to Bryant Wilson full reinstatement to his former posi- tion, or if such position is unavailable, to a position substantially BLUE VALLEY COAL CORPORATION 545 equivalent thereto, without prejudice to any rights and privileges previously enjoyed by him. (b) Make whole Bryant Wilson for wages lost in consequence of his discharge by Respondent by payment to Bryant Wilson of the sum of Fifty ($50.00) Dollars. .(c) Withdraw and continue to withhold all -recognition of the Independent Miners' Union as a representative of any of its employees for the purpose of collective bargaining with the Respondent in re- spect to rates of pay, wages, hours of employment, and other terms or conditions of employment, and completely disestablish the Inde- pendent Miners' Union as such representative; (d) Immediately post notices in conspicuous places throughout its plant and maintain such notices for a period of sixty (60) consecu- tive. days, stating (1) that the Respondent will cease and desist as -aforesaid, (2) and that the Respondent will take the affirmative action as aforesaid; (e) Notify the Regional Director for the Eleventh Region of the National Labor Relations Board within a period of ten (10) days after the entry of this Order what steps have been taken to comply with said Order.