Blue Valley Coal Corp.

National Labor Relations Board - Board Decisions

Nov 13, 1939

17 N.L.R.B. 539 (N.L.R.B. 1939)

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.