Providence Coal Mining Co.

In the Matter Of PROVIDENCE COAL MINING COMPANY and UNITED MINE WORKERS OF AMERICA, DISTRICT #23, AFFILIATED WITH THE C. 1. O. Case No. C-1505.-Decided March 97, 1940 Coal Hining Industry-Settlenmut. stipulation providing for compliance with the Act, including reinstatement of three employees with back pay-Order: entered on stipulation. Mr. Arthur R. Donovan, for the Board. Mr. A. L. Donan, of Providence, Ky., for the respondent. Mr. Ed. J. Morgan, of Madisonville, Ky., for the Union. Mr. Bernard W. Freund, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon a charge and an amended charge duly filed by United Mine Workers of America, District #23, herein called the Union , affiliated with the C. I. 0., the National Labor Relations Board, herein called the Board, by the Regional Director for the Eleventh Region (In- dianapolis, Indiana), issued its complaint , dated February 28, 1940, alleging that Providence Coal Mining Company, Providence, Web- ster County , Kentucky, herein called the respondent, had engaged in and was engaging in unfair labor practices affecting commerce with- in the meaning of Section 8 (1) and ( 3) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the . Act.' Copies of the complaint and of an accompanying notice of hearing thereon were duly served upon the respondent and the Union. With respect to the unfair labor practices , the complaint alleged in substance that the respondent discriminatorily discharged Herman Boling, Claude Wallace, and Louis Morton , employees at its mine in Providence , Webster County, Kentucky , about July 1, July 22,. ' Subsequent to the filing of the charge and amended charge herein , the instant case was consolidated by orders issued by the Board on May 3 and July 17, 1939 , with cases arising upon charges filed by the Union against other companies . Thereafter , on October 20, 1939, the Board issued its Order revoking said consolidation order.- 21 N. L. R. B., No. 121. 1200 PROVIDENCE COAL MINING COMPANY 1201 and September 7, 1937, respectively, and thereafter refused to rein- state them, for the reason that the said employees assisted the Union and engaged in concerted activities with other employees for the pur- poses of collective bargaining and other mutual aid and protection; and that, by these and other acts, the respondent interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. On February 29, 1940, before any hearing was held, the respondent, the Union, and counsel for the Board entered into the following stipulation : Providence Coal Mining Company, hereinafter called the Re- spondent, and the United Mine Workers of America, District #23, affiliated with the 0"1"0., hereinafter called the Union, and Arthur R. Donovan, Regional Attorney for the Eleventh Region of the National Labor Relations Board, hereinafter called the Board, hereby stipulate and agree that: I The Respondent is and has been for a number of years last past a corporation duly organized under and existing by virtue of the laws of the State of Kentucky, having its principal office and place of business in the City of Providence, County of Webster, and State of Kentucky. II The Respondent is engaged in the mining, sale and distribution of coal. III Respondent in the course and conduct of its business, as afore- said, caused and has continuously caused a substantial quantity of machinery, equipment and other materials used in its business at its Providence Mine, to be purchased and transported in inter- state commerce from and through the States of the United States other than the State of Kentucky, to its said Providence Mine, and caused and has continuously caused a substantial quantity of coal milled by it to be sold, delivered and transported in. interstate, commerce from its said Providence Mine in the State of Kentucky. IV The Respondent and the Union hereby waive their right to a hearing in this case and all parties expressly agree that this stipulation, the complaint with notice of hearing, amended 1202 DECISIONS OF NATIONAL LABOR RELATIONS BOARD charge, and National Labor Relations Board Rules and Regula-, tions attached, issued in this matter and duly served on the Respondent and the Union may be introduced in the record in this proceeding by filing with the Chief Trial Examiner of the National Labor Relations Board at Washington, D. C. , V The Respondent and the Union hereby acknowledge due service of the complaint and notice of hearing upon the complaint 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 in this case 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. VI The Respondent specifically admits each and every allegation in paragraphs I and II of the Board's complaint herein 2 and stipu- lates and agrees that it is engaged in interstate commerce within the meaning of Section 2 (6) and (7) of the Act. VII The United Mine Workers of America, District #23, affiliated with the C. I. 0., is a labor organization within the meaning of Section 2 (5) of the Act. VIII Upon the basis of the amended charge filed by the Union on December 7, 1938, 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 Providence Coal Com- pany, Providence, Webster 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, 2 The facts alleged in these paragraphs of the complaint are substantially identical with the facts set forth in paragraphs I, II and III of the stipulation PROVIDENCE ' COAL MINING COMPANY 1203 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, or any other labor organization of its employees, by discharging 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 ; 2. Take the following affirmative action to effectuate the poli- cies of the National Labor Relations Act: (a) Offer to Herman Boling, Claude Wallace and Louis Mor- ton immediate and full reinstatement to their former positions, or, if these positions have been abolished or eliminated, to posi- tions substantially equivalent thereto without prejudice to their seniority or other rights and privileges; (b) Make whole employees Herman Boling, Claude Wallace and Louis Morton for wages lost in consequence of their dis- charge by Respondent by payment to the aforesaid individuals of the sum of Fifty ($50.00) each; (c) Immediately post notices in conspicuous places through- out its Mine located at-Providence, Webster County, Kentucky, 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 ; which notice shall contain the substance of the Order, but need not be in the exact language thereof ; (d) 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. X 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 paragraph IX, above, and hereby waives further notice of the application for such decree. The Union 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. 1204 DECISIONS OF NATIONAL LABOR RELATIONS BOARD XI Wherever the facts, spelling of names, titles or other material and documents in the record of the proceedings herein shall 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. XII 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 b^ the Board, it shall be of no force and effect and shall„not be used as evidence against the parties hereto in any subse- quent proceeding herein. XIII The entire agreement between all parties hereto is contained within the terms of this si ipulation, and there is no verbal agreement of any kind which varies, alters, or acids to said stipulation in any respect. On March 14, 1940, the Board issued its order approving the foregoing stipulation and making it a part of the record in the case, and, in • accordance with Article II, Section 36, of National Labor Relations Board Rules and Regulations-Series 2, as amended, trans- ferring the case to and continuing it before the Board for the pur- pose of entry of a decision and order by the Board pursuant to the provisions of the said stipulation. Upon the, basis of the above, stipulation and the entire 'record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT The respondent, Providence Coal Mining Company, a Kentucky corporation, having its principal office and place of business in Provi- dence, Webster County, Kentucky, is engaged in the mining, sale, and distribution of coal. The respondent has continuously caused---a substantial quantity of machinery, equipment, and other materials used in its business at its Providence mine to be purchased and trans- ported in interstate commerce from points outside the State of Ken- tucky to its said mine, and has continuously caused a substantial quantity of coal mined by it to be sold, delivered, and transported .n interstate commerce from its said mine. PROVIDENCE COAL MINING COMPANY 1205 We find that the activities of the, respondent alleged in the coin- plaint, occurring in connection with the operations of the respondent described above, have a close, intimate, and substantial relation to trade, traffic, and commerce among the several States, and tend to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. II. THE ORGANIZATION INVOLVED The United Mine Workers of America, District #23, is a labor organization, affiliated with the Congress of Industrial Organizations. ORDER Upon the basis of the above findings of fact, the above 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 the respondent, the Providence Coal Mining Com- pany, Providence, Webster 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, or any other labor organization of its employees, by discharging 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. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Offer to Herman Boling, Claude Wallace, and Louis Morton immediate and full reinstatement to their former positions, or, if these positions have been abolished or eliminated, to positions sub- stantially equivalent thereto without prejudice to their seniority or other rights and privileges; (b) Make whole employees Herman Boling, Claude Wallace, and Louis Morton for wages lost in consequence of their discharge by the respondent by payment to the aforesaid individuals of the sum of Fifty ($50.00) Dollars each; 283032-41-vol. 21-77 1206 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (c) Immediately post notices in conspicuous places throughout its mine located at Providence, Webster County, Kentucky, 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; which notice shall contain the substance of this Order, but need not be in the exact language hereof; (d) 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 herewith.