Windsor Coal Co.

National Labor Relations Board - Board Decisions

Oct 7, 1942

44 N.L.R.B. 859 (N.L.R.B. 1942)

In the Matter Of WINDSOR COAL COMPANY and UNITED MINE WORKERS
OF AMERICA, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANI-
ZATIONS
,Case No. C-2345.-Decided October 7, 1942
Jurisdiction : coal mining industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation
Mr. Eugene R. Melson, for the Board.
Mr. Ross E. Feaster, of Windsor, Mo., for the respondent.
Mr. Henry Allai, of Pittsburg, Kans., for the Union.
Mr. A. .Sumner Lawrence, 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, affiliated With the Congress of Industrial
Organizations, herein called the Union, the National Labor Relations
Board, herein called the Board, by the -Regional Director for the
Seventeenth Region (Kansas City, Missouri), issued its complaint
dated September 3, 1942, against Windsor Coal' Company, Windsor,
Missouri, herein called the respondent, alleging that the respondent
had engaged in and was engaging in unfair labor practices 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 notice of hearing were
duly served upon the Union and the respondent.
Concerning the unfair labor practices, the complaint alleged in
substance that the respondent '(1) discouraged membership in the
Union by discharging Alfred Rinard from its employ on or about
July 16, 1941, and thereafter refusing to -reinstate him because he
had joined and assisted the Union and (2) by the foregoing acts and
by other specified acts, interfered with, restrained, and coerced its
employees in the exercise of rights guaranteed in Section 7 of the
Act.
44 N L'R B, No. 169.
859
860 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On September 17, 1942, after the opening of the scheduled -.hearing
in the case, the respondent, the Union, Alfred Rinard, and counsel
for the Board entered into a Stipulation for Consent Decree in settle-
ment of the case, subject to the approval of the Board. The stipula-
tion provides as follows :
It is hereby stipulated and agreed by and between Windsor
Coal Company, its officers, agents, successors and assigns, by
Ross E. Feaster, its attorney; United Mine Workers of America,
affiliated with the Congress of Industrial Organizations, herein-
after called the "union", by Henry Allai, 'its representative ;
Alfred Rinard, party to the stipulation; and Eugene R. Melson,
attorney, National Labor Relations Board, Seventeenth Region, as
follows :
I
Upon charges and amended charges duly filed by the union,
the National Labor Relations Board, hereinafter called the
"Board", through George J. Bott, Regional Director, Seventeenth
Region, agent of the Board, acting pursuant to authority granted
in Section 10 (b) of the National Labor Relations Act, approved
July 5, 1935, and acting pursuant to its Rules and Regulations,
Series 2, as amended, Article IV, Section 1, issued its Complaint
and Notice of Hearing on the third day of September, nineteen
hundred forty-two (1942), against Windsor Coal Company,
Respondent herein.
II
Respondent is and has been at all times material hereto a cor-
poration, organized under and existing by virtue of the laws of
the State of Delaware, having its principal office in McAlester,
Oklahoma, and operating in the State of Missouri by virtue of
a permit to do business in said State issued by the Secretary of
State, and maintains and operates a coal mine at or near Windsor,
Missouri, where it is now,and has continuously been engaged in
the mining, distribution and sale of coal.
III
Respondent, in the course and conduct of its business as afore-
said, causes and has continuously caused approximately 50% of
the coal produced at its Windsor, Missouri coal mine to be sold
to the Chicago, Rock Island and Pacific Railroad Company for
use in operating its locomotives; and causes and has continuously
caused approximately 10% of the coal mined at its Windsor,
Missouri mine to,be sold, delivered and transported in interstate
commerce into and through states of the United States other than
WINDSOR COAL COMPANY 861
the State of Missouri. The output of Respondent's Windsor,
Missouri mine from July 1941 to July 1942 was in excess of 50,000
tons of coal. -
IV
United Mine Workers of America, affiliated with the Congress
of Industrial, Organizations, is a labor organization within the
meaning of Section 2 (5) of the Act.
I
V
All parties hereto expressly waive their right to a further
hearing; waive their right to offer further evidence and to the
taking of further testimony in a hearing on the said matter;
and waive their right to give further testimony and to further
examine and cross-examine witnesses; and all parties waive the
making of findings of fact and 'conclusions of law by the National
Labor Relations Board in this matter.
VI
Upon the basis of the pleadings and formal papers (consist-
ing of First Amended Charge, Complaint and Notice of Hear-
ing, Affidavit as to Service of Complaint and Notice of Hearing,
Certified Copy of Order Designating Trial Examiner, and
Answer of Respondent) and this stipulation, the following order
may be made and entered forthwith by the National Labor
Relations Board :
Respondent, Windsor Coal Company, and 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 right to self-organization,
to form, join, or assist labor organizations, to bargain collec-
tively through representatives of their own choosing, and to
engage in concerted activities for the purpose of collective -bar-
gaining and other mutual aid and protection, as guaranteed in
Section 7 of the National Labor Relations Act;
(b) in any manner discriminating against any of its em-
ployees in regard to hire or tenure of employment or any term
or condition of employment for affiliating or seeking to affiliate
with United Mine Workers of America, affiliated with the Con-
gress of Industrial Organizations, or any other labor organiza-
tion' of its employees, provided that nothing herein shall pre=
elude Respondent from entering into a proper closed-shop agree-
ment with any labor organization chosen by a majority of Re-
862 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
spondent's employees in an election conducted by the Board or its
agent.
2. Take the following affirmative action to effectuate the
policies of the Act :
(a) offer to Alfred Rinard immediate and full reinstatement
to his former or a substantially equivalent position at Respond-
ent's Windsor,' Missouri mine, without prejudice' to his seniority
or other rights or privileges, if any;
(b) make whole Alfred Rinard for any loss of pay he has
suffered by reason of his discharge, by payment to Alfred Rinard
of the suns of Six Hundred and Fifty ($650.00), Dollars.
(c) immediately post notices in conspicuous places at its Wind-
sor, Missouri mine including among such places, all bulletin
boards commonly used by Respondent for announcements to its
employees stating the Respondent will not engage in the con-
duct from which it is ordered to cease and desist in Paragraph
VI, sub-sections 1 (a) and (b), and that it will take the affirma-
tive action set forth in Paragraph VI, sub-sections 2 (a) and
(b) of this Order, and maintain such notices intact at such
places for a period of at least sixty (60) consecutive days from
the date of posting;
(d) notify the Regional Director for the Seventeenth Region
of the Board in writing within ten (10) days from the date of
this Stipulation what steps Respondent has taken to comply
herewith.
VII
The, parties hereto hereby expressly consent to the entry by the
United States Circuit Court of Appeals for the Eighth Circuit
without notice of the application therefor, of an enforcement de-
cree embodying substantially the terms of the Board's Order set
forth above.
VIII
The execution of this Stipulation and' the provisions of this
Stipulation shall not be construed as an achnission,of any of the
allegations of the Complaint, except where specifically admitted
in this Stipulation; nor as an admission that Respondent has
engaged in unfair labor practices within the- meaning of the
National Labor Relations Act.
IX
This stipulation embodies the entire agreement between the
parties, and each of them, and there is no verbal agreement of
any kind,which alters, varies, or adds to this Stipulation, and this
WINDSOR COAL COMPANY 863
entire Stipulation for Consent 'Decree is expressly subject to the
approval of the National Labor Relations Board.
On September 26, 1942, 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 Rules and Regula-
tions-Series 2, as amended, transferring the proceeding to the Board
for the purpose 'of entering a decision and order pursuant to the
provisions of the stipulation.
On the basis of the 'above stipulation and upon the entire record in
the case, the Board makes the following : %
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
Windsor Coal Company, a Delaware corporation, having its princir
pal place of business in McAlester, Oklahoma, maintains and operates
a coal mine at or near Windsor; Missouri, which alone is involved in
this proceeding. During the period from July 1941 to July 1942, the
output of the respondent's Windsor, Missouri, mine, was in excess of
50,000 tons of coal, of which approximately 50 percent was sold to the
Chicago, Rock Island and Pacific Railroad Company for use in oper-
ating its locomotive and 10 percent was sold, delivered, and trans-
ported in interstate commerce into and through States of the United
States other than the State of Missouri.
We find that the above-described operations of the respondent con-
stitute 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, Windsor Coal Company and its officers,
agents, successors, and assigns shall:
1. Cease afid desist from :
(a) In any manner interfering with, restraining , or coercing its
employees in the exercise of their right to 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 and other mutual
aid and protection, as guaranteed in Section 7 of the National Labor
Relations Act;
(b) In any manner discriminating against any of its employees in
regard to hire or tenure of employment or any term or condition of
employment for affiliating or seeking to affiliate with United Mine
864 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Workers of America, affiliated with the Congress of Industrial Organ-
izations, or any other labor organization of its employees, provided
that nothing herein shall preclude respondent from entering into_a
proper closed-shop agreement with any labor organization chosen by
a majority of respondent's employees in an election conducted by the
Board or its agent.
y' 2. Take the following affirmative action to effectuate the policies of
the Act :
(a) Offer to Alfred Rinard immediate and full reinstatement to his
former or a substantially equivalent position at respondent's Windsor,
Missouri mine, without prejudice to his seniority or other rights or
privileges, if any;
(b) Make whole Alfred Rinard for any loss of pay he has suffered
by reason of his discharge, by payment to Alfred Rinard of the sum of
Six Hundred and Fifty ($650.00) Dollars.
(c) Immediately post notices in conspicuous places at its Windsor,
Missouri mine including among such places, all bulletin boards com-
monly used by respondent for announcements to its employees stating
the respondent will not engage in the conduct from which it is ordered
to cease and desist in Paragraph 1 (a) and (b), and that it will take
the affirmative action set forth in Paragraph 2 (a) and (b) of this
Order, and maintain such notices intact at such places for a period of
at least sixty (60) consecutive days from the date of posting;
(d) Notify the Regional Director for the Seventeenth Region of the
Board in writing within ten (10) days from the date of this Stipula-
tion what steps respondent has taken to comply herewith.