NLRB v. Jewell Smokeless Coal Corporation, 14272.
| Decision Date | 23 December 1970 |
| Docket Number | No. 14272.,14272. |
| Citation | 435 F.2d 1270 |
| Parties | NATIONAL LABOR RELATIONS BOARD, Petitioner, v. JEWELL SMOKELESS COAL CORPORATION, Respondent. |
| Court | U.S. Court of Appeals — Fourth Circuit |
Russell J. Thomas, Jr., Atty., N.L.R.B. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Leonard M. Wagman, Atty., N. L.R.B., on brief) for petitioner.
Robert S. Young, Knoxville, Tenn., (McCampbell, Young, Bartlett & Woolf, Knoxville, Tenn., on brief) for respondent.
Before BOREMAN and CRAVEN, Circuit Judges, and MARTIN, District Judge.
Substantial evidence supports these findings of the Board: Jewell Smokeless Coal Corporation is engaged in the business of processing coal and coke. Much of the coal received for processing is mined on property owned by Jewell or leased to it by large land owners such as Georgia Pacific Corporation and C. L. Ritter Lumber Company. Some 30 mines operate under Jewell's leases, and all production of such mines goes to Jewell. In August 1967, Horn & Keene was one of a number of such operators mining coal on property owned by or leased to Jewell. Horn & Keene were paid a fixed fee for each ton of coal. The mining of the coal was engineered by Jewell which inspected the mines at least once every two weeks to require conformity to the engineering plan and to production and safety standards. The lease agreement with Horn & Keene was oral and terminable at will.
For many years the United Mine Workers had sought certification as bargaining representative for Jewell's employees. When at last successful, bargaining negotiations began in June 1967, but did not result in a contract. During August, Jewell's "inside" employees went on strike, and a Union organizer visited the Horn & Keene mine asking that the miners support the employees. Subsequently, two truck drivers of Horn & Keene refused to cross the picket line at the Whitewood Tipple, and later on nine out of ten Horn & Keene employees signed up with the Union. Horn & Keene thereupon immediately signed a standard Union operating contract. In retaliation and motivated by anti-Union animus, Jewell shut off the electric power of the Horn & Keene mine "for the simple reason that Jewell Smokeless doesn't want you H & K to operate any more for them."
The only question worthy of consideration is whether or not Jewell is a joint employer of the employees of Horn & Keene...
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