North American Coal Corp. v. United Mine Workers of America
| Decision Date | 25 February 1975 |
| Docket Number | No. 74-1702,74-1702 |
| Citation | 512 F.2d 238 |
| Parties | 88 L.R.R.M. (BNA) 2906, 76 Lab.Cas. P 10,689 The NORTH AMERICAN COAL CORP. et al., Plaintiffs-Appellees, v. UNITED MINE WORKERS OF AMERICA et al., Defendants-Appellants. |
| Court | U.S. Court of Appeals — Sixth Circuit |
David Clayman, Clayman & Jaffy, Columbus, Ohio, Paul A. Pachuta, Reynoldsburg, Ohio, Joseph A. Yablonski, Steven B. Jacobson, Daniel B. Edelman, Lewis D. Sargentich, Washington, D. C., for defendants-appellants.
Edward H. Laylin, Laylin & Shawan, Columbus, Ohio, Jerry A. Fullmer, James A. Rydzel, Donald B. Redfern, Cleveland, Ohio, for plaintiffs-appellees.
Before EDWARDS and ENGEL, Circuit Judges, and DeMASCIO, * District Judge.
This is an appeal from convictions for criminal contempt in a mine strike case where a District Judge had issued a preliminary injunction against "engaging in a strike in violation of the collective bargaining agreement."
The District Judge found two groups of miners, those who did not report for work at North American Coal Corporation's Powhatan No. 5 mine on February 25, 1974, and those who did not report at Powhatan Nos. 3 and 6 mines on March 12 and 13, 1974, to be in criminal contempt and fined over 700 miners $25 apiece. Appellants claim that he did so without proof of service of the injunction, without service of the show cause order on any individual miner, without reciting in the show cause order any specific charges, and with the burden of proof at the contempt hearings placed on the defendants to establish their innocence. (Subsequently the District Judge entered an order as to the first group reducing the fine to $1.00, saying that there was some question about notice.)
Before us appellee North American Coal Corporation defends these procedures by noting that a lawyer appearing for the local unions at the February 26 contempt hearing relative to the first group had said that his co-counsel was representing their membership. Appellee also contends that attorneys for the United Mine Workers of America failed to object to the procedures employed by the court. And more generally, appellee asserts:
The record clearly demonstrates that each of the appellants were represented by counsel at the contempt hearings, had sufficient notice of the hearings, and were granted all other constitutional and statutory guarantees accorded defendants in petty criminal contempt proceedings.
This is the second appeal in recent cases involving the same District Court, the same company and the United Mine Workers union. The orders here appealed from, however, preceded this court's decision in North American Coal Corporation v. Local 2262, United Mine Workers of America, 497 F.2d 459 (6th Cir. 1974), wherein we dealt with some of the due process requirements in judicial employment of injunctive relief and the contempt power. The facts of the disputes underlying the present appeal are quite different from those involving the former case. The earlier case involved a strike over a grievance between the local union and the company. The present shutdowns were the result of "stranger picketing."
On February 14 and 15 of 1975 pickets from two mines in West Virginia which were on strike appeared before a number On February 22, 1974, there was a hearing on the complaint just described where an attorney named Clayman appeared for the UMWA and the six local unions named. At the hearing he specifically disclaimed any authorization to represent any individual defendants. The hearing encompassed no testimony but consisted entirely of a colloquy between the court and counsel for the company and the union. Counsel for the UMWA and its locals disavowed any responsibility on their parts for the shutdowns and argued that the employees had not crossed the picket lines set up by the West Virginia miners because of fear of violence. Counsel also declined to "resist the imposition of a restraining order or an injunction."
of mines in Ohio owned and operated by North American Coal Corporation. The picket lines resulted in the shutdown of six NACC mines where there was no labor-management dispute. On February 20, 1974, the company filed a complaint in the United States District Court for the Southern District of Ohio seeking a temporary restraining order and injunctive relief against what the union termed a work stoppage and the company called a strike. The complaint named the United Mine Workers of America and its District No. 6, six of its local unions, and eight union leaders as defendants. It alleged that the named local unions were "engaged in representing or acting for the members" of the UMWA employed by plaintiff at particular mines. The complaint did not name any individual miners, except six local union presidents and the president and vice president of District No. 6.
On the basis of the colloquy referred to above, the District Judge entered "a preliminary injunction" which provided in applicable part as follows:
It is therefore adjudged and decreed that until further Order of this Court the Defendants and each of them who have been served with Summons in this Court, all persons, members of the defendant union, or acting in concert with them, whose names are unknown, who are or have been engaged in organizing, promotion, conducting or prosecuting picketing and/or interference with plaintiffs' employees performing services for plaintiff at any premises of plaintiff and all other to whom knowledge of this Order shall come, be and they are hereby enjoined and restrained as follows:
1) From picketing or engaging in other activities in support of their violation of the collective bargaining agreement between Plaintiffs and Defendants;
2) From engaging in a strike in violation of the collective bargaining agreement between Plaintiffs and Defendants;
3) From refusing and declining to process whatever dispute may exist through the contract dispute arbitration procedures;
4) Defendants District No. 6, United Mine Workers of America, John Guzek, and Arthur Nelms shall notify Local Union 1110 and each other local union within its jurisdiction and each member of Local 1110 and each other member within its jurisdiction of the provisions of this order.
This order of the District Court was entered late Friday afternoon. On Monday, February 25, 1974, five of the affected mines resumed work, but Powhatan No. 5 mine (whose employees were members of Local 1441) did not return to work until the midnight shift on February 26.
On February 25 the District Court issued the show cause order which follows:
It appearing to the Court that persons enjoined therein may be in violation of this Court's Order of February 22, 1974.
Accordingly, it is hereby Ordered that the President, Richard Vargo, and all other elected officers and officials of Local 1441, of the United Mine Workers of America, appear before this Court in Dayton, Ohio, on February 26, 1974, at 3:00 P.M. to show cause why they and the Membership Subsequently, at an adjourned hearing on March 4, 1974, the District Judge called upon the defendants to show cause why they should not be held in contempt:
of Local 1441 should not be held in Contempt of this Court.
THE COURT: Gentlemen, there is a show cause order, and I believe, Mr. Yoss, this places a burden upon you to go forward with whatever evidence you wish to present.
Defendants' counsel thereupon presented five witnesses. No sworn testimony was presented by the company.
On March 8 the District Judge entered the order which is appealed from herein:
This matter is before the Court pursuant to an Order issued on February 25, 1974, requiring representatives of Local Union 1441 of the United Mine Workers of America to show cause why such representatives and the membership of Local 1441 should not be held in contempt of this Court.
Pursuant to the foregoing Order, a hearing was held in the United States District Court at Dayton, Ohio, at 3:00 p. m. February 26, 1974. At such time counsel for Local 1441 requested a continuance. The request for continuance was granted and the matter was heard in the United States District Court at Columbus, Ohio, on March 4, 1974, at which time the said defendants appeared by counsel, presented evidence and testimony intended to show cause why such defendants should not be held in contempt of this Court.
Based upon such presentation of evidence and testimony, information supplied in open court by counsel, and based upon previous information supplied to this Court at prior hearings herein, the Court determines the following:
1. Local Union 1441 of the United Mine Workers of America is the bargaining agent for coal miners employed by the North American Coal Corporation at its Powhatan No. 5 mine.
2. At no time from February 20, 1974, through February 25, 1974, was there any dispute pending between the North American Coal Corporation and Local Union 1441. At no time between the aforesaid dates was there any dispute involving the North American Coal Corporation and any local union of the United Mine Workers within District No. 6 of the United Mine Workers of America.
3. On February 22, 1974, this Court issued a preliminary injunction enjoining the members of Local Union 1441 and members of other local unions from "picketing or engaging in other activities in support of their violation of the collective bargaining agreement between plaintiffs and defendants." Such collective bargaining agreement being the National Bituminous Coal Wage Agreement of 1971 which provides for binding arbitration of all disputes.
4. The Order of this Court was filed at 4:17 p. m. on February 22, 1974, and notice of such order was communicated to counsel for the defendants and to the officers of Local 1441 prior to 12:01 a. m. February 25, 1974.
5. At no time subsequent to February 22, 1974, were there pickets present at such Powhatan Mine No. 5 either from Local Union 1441 or...
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