WF COAL SALES, INC.

National Labor Relations Board - Board Decisions

Mar 30, 2015

362 NLRB No. 47 (N.L.R.B. 2015)

362 NLRB No. 47
NOTICE: This opinion is subject to formal revision before publication in the
bound volumes of NLRB decisions. Readers are requested to notify the Ex-
ecutive Secretary, National Labor Relations Board, Washington, D.C.
20570, of any typographical or other formal errors so that corrections can
be included in the bound volumes.
WF Coal Sales, Inc. and United Mine Workers of
America, District 17. Case 09–CA–138757
March 30, 2015
DECISION AND ORDER
BY CHAIRMAN PEARCE AND MEMBERS JOHNSON
AND MCFERRAN
The General Counsel seeks a default judgment in this
case on the ground that WF Coal Sales, Inc. (the Re-
spondent) has failed to file an answer to the complaint.
Upon a charge filed on October 14, 2014, by United
Mine Workers of America, District 17 (the Union), the
General Counsel issued a complaint on December 31,
2014, against the Respondent, alleging that it has violat-
ed Section 8(a)(5) and (1) of the Act. The Respondent
failed to file an answer.
On January 28, 2015, the General Counsel filed with
the Board a Motion for Default Judgment and a Memo-
randum in Support of Motion for Default Judgment, with
exhibits attached. Thereafter, on January 29, 2015, 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 filed no re-
sponse. The allegations in the motion are therefore un-
disputed.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
Ruling on Motion for Default Judgment
Section 102.20 of the Board’s Rules and Regulations
provides that the allegations in a complaint shall be
deemed admitted if an answer is not filed within 14 days
from service of the complaint, unless good cause is
shown. In addition, the complaint affirmatively stated
that unless an answer was received by January 14, 2015,
the Board may find, pursuant to a motion for default
judgment, that the allegations in the complaint are true.
Further, the undisputed allegations in the General Coun-
sel’s motion disclose that the Region, by letter dated Jan-
uary 22, 2015, notified the Respondent that unless an
answer was received by January 27, 2015, a motion for
default judgment would be filed.1 Nevertheless, the Re-
spondent failed to file an answer.

1 As set forth in the General Counsel’s Memorandum in Support of
Motion for Default Judgment, on January 26, 2015, counsel for the
General Counsel spoke with the Respondent by telephone and remind-
ed the Respondent of its obligation to file an answer by January 27,
2015, but the Respondent did not indicate a willingness to file an an-
In the absence of good cause being shown for the fail-
ure to file an answer, we deem the allegations in the
complaint to be admitted as true, and we grant the Gen-
eral Counsel’s Motion for Default Judgment.
On the entire record, the Board makes the following
FINDINGS OF FACT
I. JURISDICTION
At all material times, the Respondent has been a cor-
poration with an office and place of business in Premier,
West Virginia, and has been engaged in the mining of
coal at the Westchester Mine facility in Hensley, West
Virginia.
Annually, the Respondent, in conducting its operations
described above, sold and shipped from its Hensley,
West Virginia facility goods valued in excess of $50,000
directly to Alpha Natural Resources, Inc., which operates
a coal preparation plant located in the State of West Vir-
ginia, and is an enterprise directly engaged in interstate
commerce that shipped goods valued in excess of
$50,000 directly to points located outside the State of
West Virginia.
We find that the Respondent is an employer 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
At all material times, the following individuals held
the positions set forth opposite their respective names
and have been agents of the Respondent within the
meaning of Section 2(13) of the Act:
Edward Brantley President
Robert Wright Secretary Treasurer
Tom Woolwine Labor Consultant
The following employees of the Respondent (the unit)
constitute a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9(b) of the
Act:
All full-time and regular part-time production and
maintenance employees employed by Respondent at its
Route 7, Hensley, West Virginia, Westchester Mine fa-
cility, but excluding all contract employees, all office
clerical employees, and all professional employees,
guards and supervisors as defined in the Act.
Since about April 14, 2014, and at all material times,
the Union has been the designated exclusive collective-
bargaining representative of the unit and since then, the

swer and did not request an extension of time in which to file an an-
swer.
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD2
Union has been recognized as the representative by the
Respondent. This recognition has been embodied in a
Memorandum of Understanding, which is dated April 14,
2014.
At all material times, based on Section 9(a) of the Act,
the Union has been the exclusive bargaining representa-
tive of the unit.
At various times from about May 1 through June 18,
2014, the Respondent and the Union met for the purpose
of negotiating an initial collective-bargaining agreement
with respect to wages, hours, and other terms and condi-
tions of employment.
Following the period described above, the Respondent
refused to meet at reasonable times and places for bar-
gaining by failing to appear for a July 7, 2014 bargaining
session; by failing to offer future dates of its availability
for bargaining meetings or by failing to respond to the
Union’s proposed dates; and by failing to meet with the
Union to negotiate a collective-bargaining agreement.
By its overall conduct, including the conduct described
above, the Respondent has failed and refused to bargain
in good faith with the Union as the exclusive collective-
bargaining representative of the unit.
CONCLUSION OF LAW
By the conduct described above, the Respondent has
been failing and refusing to bargain collectively and in
good faith with the exclusive collective-bargaining repre-
sentative of its employees in violation of Section 8(a)(5)
and (1) of the Act, and has thereby engaged in unfair
labor practices affecting commerce within the meaning
of Section 2(6) and (7) of the Act.
REMEDY
Having found that the Respondent has engaged in cer-
tain 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, having
found that the Respondent violated Section 8(a)(5) and
(1) of the Act by refusing to meet at reasonable times and
places for bargaining by failing to appear for a July 7,
2014 bargaining session; by failing to offer future dates
of its availability for bargaining meetings or by failing to
respond to the Union’s proposed dates; and by failing to
meet with the Union to negotiate a collective-bargaining
agreement, we shall order the Respondent to meet and
bargain with the Union, on request, as the exclusive col-
lective-bargaining representative of the employees in the
unit and, if an understanding is reached, to embody the
understanding in a signed agreement.
ORDER
The National Labor Relations Board orders that the
Respondent, WF Coal Sales, Inc., Premier, West Virgin-
ia, its officers, agents, successors, and assigns, shall
1. Cease and desist from
(a) Failing and refusing to meet and bargain collective-
ly and in good faith with United Mine Workers of Amer-
ica, District 17 as the exclusive collective-bargaining
representative of the employees in the following appro-
priate unit:
All full-time and regular part-time production and
maintenance employees employed by Respondent at its
Route 7, Hensley, West Virginia, Westchester Mine fa-
cility, but excluding all contract employees, all office
clerical employees, and all professional employees,
guards and supervisors as defined in the Act.
(b) In any like or related manner interfering with, re-
straining, 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) On request, meet and bargain in good faith with
United Mine Workers of America, District 17 as the ex-
clusive collective-bargaining representative of the em-
ployees in the unit concerning terms and conditions of
employment and, if an understanding is reached, embody
the understanding in a signed agreement.
(b) Within 14 days after service by the Region, post at
its facility in Premier, West Virginia, copies of the at-
tached notice marked “Appendix.”2 Copies of the notice,
on forms provided by the Regional Director for Region
9, after being signed by the Respondent’s authorized
representative, shall be posted by the Respondent and
maintained for 60 consecutive days in conspicuous plac-
es, including all places where notices to employees are
customarily posted. In addition to physical posting of
paper notices, notices shall be distributed electronically,
such as by email, posting on an intranet or an internet
site, and/or other electronic means, if the Respondent
customarily communicates with its employees by such
means. Reasonable steps shall be taken by the Respond-
ent to ensure that the notices are not altered, defaced, or
covered by any other material. If the Respondent has
gone out of business or closed the facility involved in
these proceedings, the Respondent shall duplicate and

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 Na-
tional Labor Relations Board” shall read “Posted Pursuant to a Judg-
ment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board.”
WF COAL SALES, INC. 3
mail, at its own expense, a copy of the notice to all cur-
rent employees and former employees employed by the
Respondent at any time since June 18, 2014.
(c) Within 21 days after service by the Region, file
with the Regional Director for Region 9 a sworn certifi-
cation of a responsible official on a form provided by the
Region attesting to the steps that the Respondent has
taken to comply.
Dated, Washington, D.C. March 30, 2015
______________________________________
Mark Gaston Pearce, Chairman
______________________________________
Harry I. Johnson, III, Member
______________________________________
Lauren McFerran, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
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 Federal labor law and has ordered us to post and
obey this notice.
FEDERAL LAW GIVES YOU THE RIGHT TO
Form, join, or assist a union
Choose representatives to bargain with us on
your behalf
Act together with other employees for your bene-
fit and protection
Choose not to engage in any of these protected
activities.
WE WILL NOT fail and refuse to meet and bargain col-
lectively and in good faith with United Mine Workers of
America, District 17 as the exclusive collective-
bargaining representative of our employees in the follow-
ing appropriate bargaining unit:
All full-time and regular part-time production and
maintenance employees employed by us at our Route
7, Hensley, West Virginia, Westchester Mine facility,
but excluding all contract employees, all office clerical
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
listed above.
WE WILL, on request, meet and bargain in good faith
with United Mine Workers of America, District 17 as the
exclusive collective-bargaining representative of the em-
ployees in the unit concerning terms and conditions of
employment, and WE WILL put in writing and sign any
agreement reached.
WF COAL SALES, INC.
The Board’s decision can be found at
www.nlrb.gov/case/09-CA-138757 or by using the QR code
below. Alternatively, you can obtain a copy of the decision
from the Executive Secretary, National Labor Relations
Board, 1099 14th Street, N.W., Washington, D.C. 20570, or
by calling (202) 273-1940.