Kentucky Ridge Coal Co.

In the Matter of KENTUCKY RIDGE COAL COMPANY, FIELD, KENTUCKY, and UNITED MINE WORKERS OF AMERICA, DISTRICT No. 19, AFFILIATED WITH THE C. I. O. Case No. C-194,2.-Decided September 4, 1941 Jurisdiction : coal mining industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. Harold Weston, for the Board. Mr. James Sampson, of Harlan, Ky., and Mr. E. C. Whitfield, and Mr. Thomas Whitfield, of Field, Ky., for the respondent. Mr. James S. Golden, of Pineville, Ky., for the Union. Miss Edna Loeb, 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 No. 19, herein called the Union, affil- iated with the Congress of Industrial Organizations, the National Labor Relations Board, herein called the Board, by the Regional Director for the Ninth Region (Cincinnati, Ohio), issued its com- plaint, dated July 3, 1941, against Kentucky Ridge Coal Company, Field, Kentucky, herein called the respondent, alleging that the respondent had engaged in and was engaging in unfair labor prac- tices affecting commerce within 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 accompanying notice of hearing were duly served upon respond- ent and the Union. The complaint alleges in substance that (1) the respondent dis- charged John D. Collins, Joe Hill, and Richard Lawson on various dates between May 1939 and May 1940, and thereafter refused to reinstate them, and refused to reinstate Charles A. Barton'at the con- clusion of a strike on or about September 5, 1939, or thereafter, because they joined and assisted the Union or engaged in other con- 35 N L R B., No. 36. 162 KENTUCKY RIDGE COAL , COMPANY 163 certed activities foi the purpose of collective bargaining, thereby discriminating in regard to hire and tenure of employment and discouraging membership in the Union ; and (2 ) by these and nu- merous other acts, the respondent interfered with, restrained, and coerced its employees in the exercise of rights guaranteed in Section 7 of the Act. Thereafter the respondent filed an answer dated July 12, 1941, in which it admitted the allegations of the complaint regarding the nature and scope of its business , denied that it had engaged in the alleged unfair labor practices, and alleged certain affirmative defenses. The respondent also filed a motion for a bill of particulars. On July 15, 1941, the Regional Director issued an order denying the respondent's motion without prejudice to the respondent 's right to renew the said motion at the hearing. Copies of the order were duly served upon the respondent 'and the Union. Pursuant to notice , a hearing was held on July 17 and 18, 1941, at Middlesboro , Kentucky , before J. J. Fitzpatrick, the Trial Examiner duly designated by the Acting Chief Trial Examiner. The Board. the respondent , and the. Union were represented by counsel and par- ticipated in the hearing. At the commencement of the hearing, the respondent renewed its motion for a bill of particulars . The Trial Examiner granted this motion in certain respects and denied it in all other respects. During the course of the hearing , the respondent, the Union , and counsel for the Board entered into a stipulation proposing settlement of the case. The stipulation was admitted in evidence and the hearing was closed subject to the Board 's approval of the stipulation. The stipulation was thereafter amended in certain respects by all the parties thereto, and as so amended , the stipulation provides as follows : IT IS HEREBY STIPULATED AND AGREED by and between Kentucky Ridge Coal Company, Respondent herein; United Mine Workers of America , District 19, affiliated with the Congress of Industrial Organizations, party hereto; and Harold Weston , Attorney for the National Labor Relations Board, that: I. Upon charges duly filed by the United Mine Workers of America, District No. 19, affiliated with the Congress of Indus- trial Organizations, the National Labor Relations Board, by its Regional Director for the Ninth Region, acting pursuant to au- thority granted in Section 10 (b) of the National Labor Relations Act, 49 Stat. 449, and its Rules and Regulations , series II as amended, Article IV, Section 1, issued its complaint and Notice of Hearing on July 3rd, 1941, against Kentucky Ridge Coal Com- pany, hereinafter called the Respondent. 451270-42-%of 3---12 164 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II. This Stipulation may be introduced as evidence , by filing it with the Chief Trial Examiner of the National Labor Relations Board at Washington, D. C. III. The Respondent is, and has been , since about 1934, a cor- poration organized and existing by virtue of the laws of the State of Kentucky, with its principal office and only mine at Field, Bell County , Kentucky. The Respondent is engaged at its mine in the mining and shipping of coal. For use at its mine, the Respondent purchases annually mine and commissary supplies amounting to over $50 ,000 in value , over ninety (90%) percent of which is obtained from States other than the State of Kentucky. The Respondent ships annually one hundred and fifty thousand (150,000) tons of coal , more than seventy (701/o) percent of which is shipped to points outside of the State of Kentucky . Exclusive of clerical and supervisory employees , the Respondent employs about one hundred and eighty (180 ) men at its mine. The Re- spondent admits, for the purpose of this case only, that it is engaged in Interstate Commerce within the meaning of the National Labor Relations Act. IV. The United Mine Workers of America, District No. 19, affiliated with the Congress of Industrial Organizations, is a labor organization within the meaning of Section 2 Sub-division ( 5) of the National Labor Relations Act. V. The Respondent denies that it has violated any of the provisions of the National Labor Relations Act, but, for the purpose of disposing of this matter in an amicable and expedi- tious manner it is stipulated and agreed that an order may be entered by the Board as more specifically set forth below. VI. All parties hereto waive the right to further hearing in this matter, and also waive the making or findings of fact and conclusions by the National Labor Relations Board. VII. It is further stipulated and agreed by the parties hereto that upon the entire record in this case as made at -the hearing herein held on July 17 and 18, 1941, and this Stipulation and Agreement, if approved by the National Labor Relations Board, an order may forthwith be entered by said Board, providing as follows : The Respondent, Kentucky Ridge Coal Company, its officers, agents, successors and assigns , shall : 1: Cease and desist from : (a) Discouraging membership in United Mine Workers of of America , District No. 19, affiliated with the Congress of Industrial Organizations , or any other labor organization of KENTUCKY RIDGE COAL COMPANY 165 its employees by discharging or in any other manner dis- criminating against its employees in regard to the hire and tenure of employment, or any condition of employment of any of its employees by reason of said employees' membership in the United Mine Workers of America, District No. 19, affiliated with the Congress of Industrial Organizations, or any other labor organization of its employees, providing that nothing in this Order shall preclude Respondent from making or abiding by an_ agreement with a labor organization (not established, maintained, or assisted by any action defined in the National Labor Relations Act as an unfair labor practice) to require as a condition of employment membership therein. if such labor organization is the representative of the em- ployees as provided in section 9 (a), in the appropriate collec- tive bargaining unit covered by such agreement when made; (b) In any manner interfering with, restraining, or coercing its employees in the exercise of their rights of self organiza- tion, to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection as guaranteed in Section 7 of the National Labor Relations Act. 2. Take the following affirmative action in order to effectu- ate the policies and purposes of the Act: (a) Immediately offer Charles A. Barton, John D. Collins and Joe Hill full reinstatement to their former or substantially equivalent positions, without loss of seniority, and without prejudice to other rights and privileges previously enjoyed by then, it being understood that the positions of blacksmith and car-dropper are, for purposes of such reinstatement, sub- stantially equivalent ; (b) Make whole Charles A. Barton, John D. Collins, Joe Hill and Richard Lawson, for any loss of earnings they may have suffered 5y reason of their termination of employment, by payment to Charles A. Barton the sum of Fifteen Hundred ($1500.00) Dollars, to John D. Collins the sum of Five Hun- dred ($500.00) Dollars, to Joe Hill the sum of Five Hundred ($500.00) Dollars, and to Richard Lawson the sum of Five Hundred ($500.00) Dollars. (c) Post in conspicuous places at the mine^and maintain for a period of at least sixty consecutive days from the date of posting; notices to its employees stating that the Respond- ent will not engage in the conduct from which it is ordered 166 DECISIONS OF NATIONAL LABOR RELATIONS BOARD to cease and desist in Paragraph 1 (a) and (b) of this Order, and that the Respondent will take the affirmative action set forth in Paragraph 2 (a) and (b) of this Order. (d) Notify the Regional Director for the Ninth Region, in writing, within ten (10) days from the date of this Order, what steps the Respondent has taken to comply herewith. VIII. It is further stipulated and agreed by and between the parties hereto, that because of physical incapacitation, Richard Lawson is not able to accept employment at the Respondent's mine, and, that, therefore the Respondent is not required to offer the said Richard Lawson employment. IX. It is further stipulated and agreed by and between the parties hereto that after entry of the Order by the Board, as provided in this Stipulation, the United States Circuit Court of Appeals for the Sixth Circuit, may, upon application by the Board and without notice to the Respondent, enter its Decree enforcing in full the said Order of the Board, and each of the parties hereto hereby consents to the entry of such Decree and hereby waives its right to contest the entry of any such Decree and to receive notice of the filing of such application by the Board. X. It is further stipulated and areecl that, immediately upon approval of this Stipulation 'by the National Labor Relations Board, United Mine Workers of America, District No. 19, will withdraw the original and each of the amended charges herein, except the 7th amended charge on which the Complaint is based. XI. All stipulations herein made are subject to the approval of the National Labor Relations Board, and should the National Labor Relations Board fail to approve the terms and conditions contained herein, this Stipulation and Agreement shall become null and void and of no effect, and the proceedings in this matter shall be in the same status as if no Stipulation had been entered into. XII. All terms agreed upon are contained within this Stipu- lation and Agreement and there is no verbal or other agreement of any kind which varies, alters, or adds to this Stipulation and Agreement. On August 11, 1941, the Board issued an Order approving the above stipulation, making it a part of the record, and pursuant to Article II, Section 36, of National Labor Relations Board Rules and Regulations-Series 2, as amended, transferring the case to and continuing it before the Board for the purpose of entry of a decision and order by the Board pursuant to the provisions of the said stipulation. KENTUCKY RIDGE COAL COMPANY 167 Upon the basis of the above stipulation and the entire record in the case, the Board makes the following: I FINDINGS OF FACT THE BUSINESS OF THE RESPONDENT' The respondent, Kentucky Ridge Coal Company, is a Kentucky corporation engaged in the mining and shipping of coal. Its principal office and only mine are located at Field, Kentucky, and it employs approximately 180 workers at its mine. The respondent purchases annually mine and commissary supplies amounting in value to more than $50,000, more than 90 per cent of which is obtained from sources outside Kentucky. The respondent ships 150,000 tons of coal from its mine annually, more than 70 per cent of which is shipped to points outside Kentucky. For the purposes of this proceeding the re- spondent admits that it is engaged in interstate commerce within the meaning of the Act. We find that the above-described operations constitute a continuous flow of trade, traffic, and commerce, among the several States. ORDER Upon the basis of the above findings of fact, the 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, Kentucky Ridge Coal Company, Field, Kentucky, its officers, agents, successors and assigns, shall : 1. Cease and desist from : (a) Discouraging membership in United Mine Workers of America, District No. 19, affiliated with the Congress of Industrial Organiza- tions, or any other labor organization of its employees by discharging or in any other manner discriminating against its employees in regard to the hire and tenure of employment, or any condition of employ- ment of any of its employees by reason of said employees' member- ship in the United Mine Workers of America, District No. 19, affiliated with the Congress of Industrial Organizations, or any other labor organization of its employees, providing that nothing in this Order shall preclude Respondent from making or abiding by an agreement with a labor organization (not established, maintained, or assisted by any action defined in the National Labor Relations Act as an unfair labor practice) to require as a condition of employment mem- bership therein, if such labor organization is the representative of the employees as provided in Section 9 (a), in the appropriate collective bargaining unit covered by such agreement when made; 168 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (b) In any manner interfering with, restraining, or coercing its employees in the exercise of their rights of self-organization, to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection as guaranteed in Section 7 of the National Labor Relations Act. 2. Take the following affirmative action in order to effectuate the policies and purposes of the Act : (a) Immediately offer Charles A. Barton, John D. Collins and Joe Hill full reinstatement to their former or substantially equivalent positions, without loss of seniority, and without prejudice to other rights and privileges previously enjoyed by them, it being under- stood that the positions of blacksmith and car-dropper are, for purposes of such reinstatement, substantially equivalent; - (b) Make whole Charles A. Barton, John D. Collins, Joe Hill and Richard Lawson, for any loss of earnings they may have suffered by reason of their termination of employment, by payment to Charles A. Barton the sum of Fifteen Hundred ($1,500.00) Dollars, to John D. Collins the sum of Five Hundred ($500.00) Dollars, to Joe Hill the sum of Five Hundred ($500.00) Dollars, and to Richard Lawson the sum of Five Hundred ($500.00) Dollars; (c) Post in conspicuous places at the mine and maintain for a period of at least sixty consecutive days from the date of posting, notices to its employees stating that the Respondent will not engage in the conduct from which it is ordered to cease and desist irr Para- graph 1 (a) and (b) of this Order, and that the Respondent will take the affirmative action set forth in Paragraph 2 (a) and (b) of this Order; (d) Notify the Regional Director for the Ninth Region, in writing, within ten (10) days from the date of this Order, what steps the 'Respondent has taken to comply herewith.