Providence Coal Mining Co.

National Labor Relations Board - Board Decisions

Mar 27, 1940

21 N.L.R.B. 1200 (N.L.R.B. 1940)

In the Matter Of PROVIDENCE COAL MINING COMPANY and UNITED
MINE WORKERS OF AMERICA, DISTRICT #23, AFFILIATED WITH THE
C. 1. O.
Case No. C-1505.-Decided March 97, 1940
Coal Hining Industry-Settlenmut. stipulation providing for compliance with
the Act, including reinstatement of three employees with back pay-Order:
entered on stipulation.
Mr. Arthur R. Donovan, for the Board.
Mr. A. L. Donan, of Providence, Ky., for the respondent.
Mr. Ed. J. Morgan, of Madisonville, Ky., for the Union.
Mr. Bernard W. Freund, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon a charge and an amended charge duly filed by United Mine
Workers of America, District #23, herein called the Union , affiliated
with the C . I. 0., the National Labor Relations Board, herein called
the Board , by the Regional Director for the Eleventh Region (In-
dianapolis , Indiana ), issued its complaint , dated February 28, 1940,
alleging that Providence Coal Mining Company, Providence, Web-
ster County , Kentucky, herein called the respondent , had engaged in
and was engaging in unfair labor practices affecting commerce with-
in 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 of an accompanying notice of
hearing thereon were duly served upon the respondent and the Union.
With respect to the unfair labor practices , the complaint alleged
in substance that the respondent discriminatorily discharged Herman
Boling, Claude Wallace, and Louis Morton , employees at its mine
in Providence , Webster County, Kentucky , about July 1, July 22,.
' Subsequent to the filing of the charge and amended charge herein , the instant case
was consolidated by orders issued by the Board on May 3 and July 17, 1939 , with cases
arising upon charges filed by the Union against other companies . Thereafter , on October
20, 1939, the Board issued its Order revoking said consolidation order.-
21 N. L. R. B., No. 121.
1200
PROVIDENCE COAL MINING COMPANY 1201
and September 7, 1937, respectively, and thereafter refused to rein-
state them, for the reason that the said employees assisted the Union
and engaged in concerted activities with other employees for the pur-
poses of collective bargaining and other mutual aid and protection;
and that, by these and other acts, the respondent interfered with,
restrained, and coerced its employees in the exercise of the rights
guaranteed in Section 7 of the Act.
On February 29, 1940, before any hearing was held, the respondent,
the Union, and counsel for the Board entered into the following
stipulation :
Providence Coal Mining Company, hereinafter called the Re-
spondent, and the United Mine Workers of America, District
#23, affiliated with the 0"1"0., hereinafter called the Union,
and Arthur R. Donovan, Regional Attorney for the Eleventh
Region of the National Labor Relations Board, hereinafter called
the Board, hereby stipulate and agree that:
I
The Respondent is and has been for a number of years last
past a corporation duly organized under and existing by virtue
of the laws of the State of Kentucky, having its principal office
and place of business in the City of Providence, County of
Webster, and State of Kentucky.
II
The Respondent is engaged in the mining, sale and distribution
of coal.
III
Respondent in the course and conduct of its business, as afore-
said, caused and has continuously caused a substantial quantity
of machinery, equipment and other materials used in its business
at its Providence Mine, to be purchased and transported in inter-
state commerce from and through the States of the United States
other than the State of Kentucky, to its said Providence Mine,
and caused and has continuously caused a substantial quantity
of coal milled by it to be sold, delivered and transported in.
interstate, commerce from its said Providence Mine in the State
of Kentucky.
IV
The Respondent and the Union hereby waive their right to a
hearing in this case and all parties expressly agree that this
stipulation, the complaint with notice of hearing, amended
1202 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
charge, and National Labor Relations Board Rules and Regula-,
tions attached, issued in this matter and duly served on the
Respondent and the Union may be introduced in the record in
this proceeding by filing with the Chief Trial Examiner of the
National Labor Relations Board at Washington, D. C. ,
V
The Respondent and the Union hereby acknowledge due service
of the complaint and notice of hearing upon the complaint 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
in this case 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.
VI
The Respondent specifically admits each and every allegation in
paragraphs I and II of the Board's complaint herein 2 and stipu-
lates and agrees that it is engaged in interstate commerce within
the meaning of Section 2 (6) and (7) of the Act.
VII
The United Mine Workers of America, District #23, affiliated
with the C. I. 0., is a labor organization within the meaning of
Section 2 (5) of the Act.
VIII
Upon the basis of the amended charge filed by the Union on
December 7, 1938, 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 Providence Coal Com-
pany, Providence, Webster 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,
2 The facts alleged in these paragraphs of the complaint are substantially identical with
the facts set forth in paragraphs I, II and III of the stipulation
PROVIDENCE ' COAL MINING COMPANY 1203
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, or any other labor organization of its employees,
by discharging 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 ;
2. Take the following affirmative action to effectuate the poli-
cies of the National Labor Relations Act:
(a) Offer to Herman Boling, Claude Wallace and Louis Mor-
ton immediate and full reinstatement to their former positions,
or, if these positions have been abolished or eliminated, to posi-
tions substantially equivalent thereto without prejudice to their
seniority or other rights and privileges;
(b) Make whole employees Herman Boling, Claude Wallace
and Louis Morton for wages lost in consequence of their dis-
charge by Respondent by payment to the aforesaid individuals
of the sum of Fifty ($50.00) each;
(c) Immediately post notices in conspicuous places through-
out its Mine located at-Providence, Webster County, Kentucky,
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 ; which notice shall contain the substance
of the Order, but need not be in the exact language thereof ;
(d) 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.
X
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 paragraph IX, above, and hereby waives
further notice of the application for such decree. The Union
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.
1204 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
XI
Wherever the facts, spelling of names, titles or other material
and documents in the record of the proceedings herein shall
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.
XII
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 b^
the Board, it shall be of no force and effect and shall„not
be used as evidence against the parties hereto in any subse-
quent proceeding herein.
XIII
The entire agreement between all parties hereto is contained
within the terms of this si ipulation, and there is no verbal
agreement of any kind which varies, alters, or acids to said
stipulation in any respect.
On March 14, 1940, the Board issued its order approving the
foregoing stipulation and making it a part of the record in the case,
and, in • accordance with Article II, Section 36, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, trans-
ferring the case to and continuing it before the Board for the pur-
pose of entry of a decision and order by the Board pursuant to the
provisions of the said stipulation.
Upon the, basis of the above, stipulation and the entire 'record in
the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
The respondent, Providence Coal Mining Company, a Kentucky
corporation, having its principal office and place of business in Provi-
dence, Webster County, Kentucky, is engaged in the mining, sale,
and distribution of coal. The respondent has continuously caused---a
substantial quantity of machinery, equipment, and other materials
used in its business at its Providence mine to be purchased and trans-
ported in interstate commerce from points outside the State of Ken-
tucky to its said mine, and has continuously caused a substantial
quantity of coal mined by it to be sold, delivered, and transported
.n interstate commerce from its said mine.
PROVIDENCE COAL MINING COMPANY 1205
We find that the activities of the, respondent alleged in the coin-
plaint, occurring in connection with the operations of the respondent
described above, have a close, intimate, and substantial relation to
trade, traffic, and commerce among the several States, and tend to
lead to labor disputes burdening and obstructing commerce and the
free flow of commerce.
II. THE ORGANIZATION INVOLVED
The United Mine Workers of America, District #23, is a labor
organization , affiliated with the Congress of Industrial Organizations.
ORDER
Upon the basis of the above findings of fact, the above 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, the Providence Coal Mining Com-
pany, Providence, Webster 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, or any other labor organization of its employees, by
discharging 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.
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act :
(a) Offer to Herman Boling, Claude Wallace, and Louis Morton
immediate and full reinstatement to their former positions, or, if
these positions have been abolished or eliminated, to positions sub-
stantially equivalent thereto without prejudice to their seniority or
other rights and privileges;
(b) Make whole employees Herman Boling, Claude Wallace, and
Louis Morton for wages lost in consequence of their discharge by the
respondent by payment to the aforesaid individuals of the sum of
Fifty ($50.00) Dollars each;
283032-41-vol. 21-77
1206 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(c) Immediately post notices in conspicuous places throughout its
mine located at Providence, Webster County, Kentucky, 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; which
notice shall contain the substance of this Order, but need not be in
the exact language hereof;
(d) 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
herewith.