Black Bear Mining

National Labor Relations Board - Board Decisions

Jun 25, 1998

325 N.L.R.B. 960 (N.L.R.B. 1998)

960
325 NLRB No. 177
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
Black Bear Mining, Inc. and United Mine Workers
of America. Case 9–CA–34413
June 25, 1998
DECISION AND ORDER
BY MEMBERS FOX, LIEBMAN, AND HURTGEN
Upon a charge filed by United Mine Workers of
America (the Union), the General Counsel of the Na-
tional Labor Relations Board issued a first amended
complaint, compliance specification, and notice of
hearing on February 23, 1998, against Black Bear Min-
ing, Inc. (the Respondent), alleging that it has violated
Section 8(a)(5) and (1) of the National Labor Relations
Act. On April 15, 1998, the Respondent filed an
amended answer in which it admitted all material fac-
tual allegations in the amended complaint, and further
admitted its obligation to pay the amounts set forth in
the specification.
On May 1, 1998, the Acting General Counsel filed
a Motion for Summary Judgment, with exhibits at-
tached. On May 6, 1998, the Board issued an order
transferring the proceeding to the Board and a Notice
to Show Cause why the motion should not be granted.
The Respondent did not file a response.
The National Labor Relations Board has delegated
its authority in this proceeding to a three-member
panel.
Ruling on Motion for Summary Judgment
As noted above, the Respondent, in its amended an-
swer, admitted all material factual allegations in the
amended complaint. Thus, the Respondent admitted
that:
Since about September 1, 1996, Respondent has
failed to continue in full force and effect all the
terms and conditions of the [parties’ collective-
bargaining] agreement . . . by failing to provide
health insurance benefits to unit employees pursu-
ant to Article XX of said agreement. The terms
and conditions of employment . . . are mandatory
subjects for the purpose of collective bargaining.
Respondent engaged in the conduct . . . without
the Union’s consent.
As the Respondent has raised no defense, and has
admitted its obligation to pay the amounts of medical
expenses set forth in the specification, we find that all
material allegations of the complaint are true and that
the Respondent is obligated to pay those amounts. We
therefore grant the General Counsel’s Motion for Sum-
mary Judgment.
On the entire record, the Board makes the following
FINDINGS OF FACT
I. JURISDICTION
The Respondent, a corporation, maintained a coal
mining operation at a site in Logan County, West Vir-
ginia until it ceased operations on July 26, 1996. The
Respondent has admitted, and we find, that it is an em-
ployer engaged in commerce within the meaning of
Section 2(2), (6), and (7) of the Act and that the Union
is a labor organization within the meaning of Section
2(5) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
Since February 22, 1994, the Union has been the
designated exclusive collective-bargaining representa-
tive of the Respondent’s employees in an appropriate
unit. The unit is:
All employees of [Respondent] engaged in the
production of coal, including removal of overbur-
den and coal waste, preparation, processing, and
cleaning of coal and transportation of coal (except
by waterway or rail not owned by the [Respond-
ent]), repair and maintenance work performed at
the mine site or at a central shop(s) of the [Re-
spondent] and maintenance of gob piles and mine
roads, and work of the type customarily related to
all of the above at the coal lands, coal producing
and coal preparation facilities owned or operated
by the [Respondent], excluding all coal inspectors,
weigh bosses at the mines where men are paid by
ton, watchmen, clerks, engineering and technical
employees and all professional employees, guards
and supervisors as defined in the Act.
Since February 22, 1994, the Union has been recog-
nized by the Respondent, based on Section 9(a) of the
Act, as the exclusive bargaining representative of the
unit employees with such recognition having been em-
bodied in a collective-bargaining agreement, which is
effective from December 16, 1993 to August 1, 1998.
Since about September 1, 1996, the Respondent has
failed to provide health insurance benefits to unit em-
ployees pursuant to article XX of the parties’ agree-
ment. We find that by engaging in the above conduct
without the Union’s consent, the Respondent has re-
fused to bargain with the Union within the meaning of
Section 8(d), and has violated Section 8(a)(5) and (1)
of the Act, as alleged.
CONCLUSION OF LAW
By failing to comply with the health insurance bene-
fits provision of article XX without the Union’s con-
sent, the Respondent has engaged in unfair labor prac-
tices affecting commerce within the meaning of Sec-
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961BLACK BEAR MINING
1 The specification contains an interest computation based on 9
percent APR. Under New Horizons, interest is computed at the
‘‘short-term Federal rate’’ for the underpayment of taxes as set out
in the 1986 amendments to 26 U.S.C. § 6621. We shall apply the
New Horizons formula rather than that appearing in the specification.
2 If this Order is enforced by a judgment of a United States court
of appeals, the words in the notice reading ‘‘Posted by Order of the
National Labor Relations Board’’ shall read ‘‘Posted Pursuant to a
Judgment of the United States Court of Appeals Enforcing an Order
of the National Labor Relations Board.’’
tion 8(a)(5) and (1) and Section 2(6) and (7) of the
Act.
REMEDY
Having found that the Respondent has engaged in
unfair labor practices, we shall order it to cease and
desist and to take certain affirmative action designed to
effectuate the policies of the Act.
Specifically, we shall order the Respondent to reim-
burse eligible unit employees for their medical ex-
penses as set forth in the compliance specification,
with interest to be computed in the manner prescribed
in New Horizons for the Retarded, 283 NLRB 1173
(1987),1 minus any tax withholdings required by Fed-
eral and state laws. As the Respondent has ceased op-
erations, we shall order it to mail copies of the at-
tached notice to employees and to the Union instead
of posting the notice.
ORDER
The National Labor Relations Board orders that the
Respondent, Black Bear Mining, Inc., Logan County,
West Virginia, its officers, agents, successors, and as-
signs, shall
1. Cease and desist from
(a) Failing and refusing to bargain collectively with
United Mine Workers of America by failing to provide
unit employees with health insurance benefits to which
they are entitled under article XX of the collective-bar-
gaining agreement, without the Union’s consent. The
unit is:
All employees of [Respondent] engaged in the
production of coal, including removal of overbur-
den and coal waste, preparation, processing, and
cleaning of coal and transportation of coal (except
by waterway or rail not owned by the [Respond-
ent]), repair and maintenance work performed at
the mine site or at a central shop(s) of the [Re-
spondent] and maintenance of gob piles and mine
roads, and work of the type customarily related to
all of the above at the coal lands, coal producing
and coal preparation facilities owned or operated
by the [Respondent], excluding all coal inspectors,
weigh bosses at the mines where men are paid by
ton, watchmen, clerks, engineering and technical
employees and all professional employees, guards
and supervisors as defined in the Act.
(b) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of
the rights guaranteed them by Section 7 of the Act.
2. Take the following affirmative action necessary to
effectuate the policies of the Act.
(a) Pay the following eligible unit employees the
amounts of medical expenses set forth next to their
names which represent the amounts owed them, plus
interest accrued to the date of payment computed in
the manner prescribed in New Horizons for the Re-
tarded, 283 NLRB 1173 (1987), minus any tax
withholdings required by Federal and state laws:
Lige Paulsen $19,968.80
Arble Lester 737.00
James Roberts 1,207.61
Benny Galyean 183.00
Troy New 610.00
Emmett Jeffrey 578.00
Total $23,284.41
(b) Within 14 days after service by the region, mail
at its own expense signed and dated copies of the at-
tached notice marked ‘‘Appendix’’ to the Union and to
all unit employees employed as of the date the Re-
spondent closed its facility.2 Copies of the notice, on
forms provided by the Regional Director for Region 9,
after being signed by the Respondent’s authorized rep-
resentative, shall be mailed by the Respondent to the
last known address of each employee.
(c) Within 21 days after service by the Region, file
with the Regional Director a sworn certification of a
responsible official on a form provided by the Region
attesting to the steps that the Respondent has taken to
comply.
APPENDIX
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated the National Labor Relations Act and has or-
dered us to post and abide by this notice.
WE WILL NOT fail and refuse to bargain collectively
with United Mine Workers of America as the exclusive
collective-bargaining representative of the employees
in the unit described below by failing to provide eligi-
ble employees with health insurance benefits as re-
quired by article XX of our collective-bargaining
agreement, without the Union’s consent. The unit is:
All [our] employees engaged in the production of
coal, including removal of overburden and coal
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962 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
waste, preparation, processing, and cleaning of
coal and transportation of coal (except by water-
way or rail not owned by [us]), repair and mainte-
nance work performed at [our] mine site or at our
central shop(s) and maintenance of gob piles and
mineroads, and work of the type customarily re-
lated to all of the above at the coal lands, coal
producing and coal preparation facilities owned or
operated by [us], excluding all coal inspectors,
weigh bosses at the mines where men are paid by
ton, watchmen, clerks, engineering and technical
employees and all professional employees, guards
and supervisors as defined in the Act.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the
rights guaranteed you by Section 7 of the Act.
WE WILL make eligible unit employees whole by
paying them the medical expenses that remain owed to
them, with interest.
BLACK BEAR MINING, INC.
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