Phillips v. United Mine Workers of America
| Decision Date | 07 May 1963 |
| Docket Number | Civ. No. 4067. |
| Citation | 217 F. Supp. 552 |
| Parties | Walter C. PHILLIPS, Regional Director of the Tenth Region of the National Labor Relations Board, for and on Behalf of the NATIONAL LABOR RELATIONS BOARD, Petitioner, v. UNITED MINE WORKERS OF AMERICA, DISTRICT 19, United Mine Workers of America, Pocket Local 7083, and United Mine Workers of America, Palmer Local 5881, Respondents. |
| Court | U.S. District Court — Eastern District of Tennessee |
Charles B. Slaughter, Atlanta, Ga., for petitioner.
Willard P. Owens, Washington, D. C., for United Mine Workers of America and District 19.
E. H. Rayson, Knoxville, Tenn., for District 19, Local 7083 and Local 5881.
This case is before the Court upon the petition of the National Labor Relations Board seeking a temporary injunction, pursuant to Section 10(l) of the National Labor Relations Act, as amended (29 U.S.C.A. § 160(l), pending a final disposition of charges now before the Board that the respondent Union has engaged in and is engaging in an unfair labor practice by conducting organizational and recognitional picketing in violation of Section 8(b) (7) (C) of the Act. A petition was filed by the Regional Director of the Tenth Region of the National Labor Relations Board upon March 12, 1963 and a show cause order thereon was duly issued. The petition alleges that the Grundy Mining Company has filed the unfair labor practice charges against the respondent unions, claiming that it is the object of illegal picketing.
The basic issue presented to the Court is whether there is reasonable cause to believe that the respondents have each engaged in the unfair labor practice charged and whether the issuance of a temporary restraining order under Section 10(l) would be just and proper.
A hearing was held upon the petition and show cause order upon March 21 and 22, 1963. A stipulation of additional facts relating to jurisdiction has been filed since the hearing. Upon the basis of the record in the cause the following facts appear to be undisputed:
Grundy Mining Company, a Tennessee corporation with offices at Tracy City, Tennessee and hereinafter referred to merely as "Grundy", is a wholly owned subsidiary of Tennessee Consolidated Coal Company, hereinafter referred to as "Consolidated", and is engaged in the business of mining coal in the coal fields of Southeastern Tennessee. During the calendar year 1962 Grundy sold coal valued in excess of $300,000 to its parent company, Consolidated, which in turn sold and shipped coal valued at more than $1,000,000 directly to points outside of the State of Tennessee. The principal, if not the sole, destination of the Grundy coal was the Widow's Creek Steam Plant belonging to the Tennessee Valley Authority and located near Bridgeport, Alabama. The respondents, United Mine Workers of America, District 19, United Mine Workers of America, Pocket Local 7083, and United Mine Workers of America, Palmer Local 5881, hereinafter referred to as "District 19, Local 7083, and Local 5881" respectively when individually referred to and as "UMW" when collectively referred to, are labor organizations and at all times material to these proceedings have been engaged in this judicial district in transacting business and in promoting and protecting the interests of employee-members. Local 7083 and Local 5881 are located in Marion County, Tennessee within the area of District 19.
As a background to these proceedings, it appears that Consolidated owns extensive coal lands within the Southeastern Tennessee coal fields. Sometime prior to 1962 Consolidated contracted with Allen & Garcia Company for the operation of a mechanized mine designated the Coal Valley Mine. This mine was operated by Allen & Garcia under a collective bargaining agreement with District 19 and Local 5881. A fault caused this mine to be closed in June of 1962. Consolidated thereupon authorized Allen & Garcia to open up a mechanized mine known as the "No. 11 Mine" in the Gray's Creek area, which operation continued under the same collective bargaining agreement. Upon August 21, 1962, Allen & Garcia gave 60 days' notice to District 19 of termination of the union contract. Thereafter, upon September 21, 1962, Allen & Garcia gave notice to Consolidated of the termination of its contract for operation of No. 11 Mine. In the meantime, Grundy Mining Company, beginning in August of 1962, had opened seven hand loading mines in the Gray's Creek area, having a total of some 75 or 85 employees. These small mines were not operated under a collective bargaining agreement. Upon termination by Allen & Garcia, and effective as of September 22, 1962, Consolidated turned over to Grundy Mining Company the operation of the No. 11 mechanized mine.
In the meantime, on September 10, 1962, prior to any knowledge that Allen & Garcia proposed to terminate its operation contract on No. 11 Mine, District 19 filed a petition for certification under Section 9 of the National Labor Relations Act in which it sought an election at the Allen & Garcia Mine. Upon Grundy taking over the operation of No. 11 Mine, the certification petition was amended to describe Grundy, rather than Allen & Garcia, as the employer of the employees involved. This amendment occurred under date of October 13, 1962. In the meantime, an unfair labor practice charge was filed by Grundy against the UMW upon October 5, 1962. This remained pending until it was waived by Grundy upon January 16, 1963, thereby blocking any NLRB hearing upon the certification petition until after the latter date. Shortly after Grundy took over the operation of No. 11 Mine it advised District 19 that it would honor the remaining term of the collective bargaining agreement between Allen & Garcia and the Union, but that after the expiration of this agreement upon October 24, 1962 it would no longer operate under the agreement. Furthermore, upon October 10 officials of Grundy met with representatives of District 19 and advised District 19 that at such time as the UMW unions were certified as the collective bargaining representative of Grundy's employees after a Board election, Grundy would then recognize and bargain with the United Mine Worker unions.
During the fall of 1962 there was one or more work stoppages at the Grundy Mines, but these appear to have been resolved, at least upon a temporary basis. However, upon December 26, 1962 a work stoppage occurred at No. 11 Mine and picketing of this mine began. Responsibility for this picketing has been denied by each of the respondent unions. However, it is undisputed that the picketing did continue at all times thereafter until the date of the hearing and has effectively terminated not only the operation of No. 11 Mine, but also the small mines operated by Grundy in the Gray's Creek area, all of which mines come within the jurisdiction claimed by Local 5881. As of December 27, 1962 the picketing and resulting work stoppage spread to the Pocket Area in which are located mines over which jurisdiction is claimed by Local 7083. Both the Gray's Creek area and the Pocket Area are located in Marion County, Tennessee in adjacent valleys. The only highway access to both areas is by way of Pocket Road at its point of departure from Highway 108. At a point on Pocket Road about one mile from Highway 108 Access Road branches off of Pocket Road in an area designated as Dogwood Flats. Access Road leads into the Gray's Creek area.
Not only is the responsibility of the respondent unions for the picketing begun on or after December 26, 1962 disputed, but the cause, purpose and object of the picketing are all highly disputed matters. As is stated above, it is undisputed, however, that the petition for certification filed September 10, 1962, and amended October 13, 1962, remained pending, as did the unfair labor practice charge filed by Grundy upon October 5, 1962.
As likewise stated above, upon January 16, 1963 the unfair labor practice charges filed by Grundy were waived and thereupon a hearing was scheduled upon January 30, 1963 upon the petition for certification. Upon January 28, 1963 District 19 moved to be allowed to withdraw its certification petition without prejudice and this motion was allowed by the NLRB upon January 29, 1963. The reasons advanced by the Union for withdrawal of the petition involved consideration of changes with regard to the appropriate bargaining unit and matters of inconvenience or conflict with the scheduled hearing date.
Upon February 18, 1963 Grundy filed charges against the respondents asserting that respondents were picketing its operations in violation of Section 8(b) (7) (C) of the Act, which charges form the basis of this suit. Upon February 21, 1963 District 19 delivered unto an NLRB official for filing a new petition for certification in which the proposed bargaining unit consisted of all coal operators belonging to an organization known as the Sewanee Coal Operators Association, and including Grundy. The Sewanee Coal Operators Association was an association of coal operators in the Southeastern Tennessee coal fields formed in September or October of 1962 for the collective bargaining purposes. The above referred to certification petition was filed under date of February 25, 1963.
The foregoing matters are undisputed in the record.
Returning now to the disputed matters, it is contended by the Board and disputed by the Union: (1) that District 19, Local 5881, and Local 7083 were and are each responsible for the picketing of Grundy that has occurred from and after December 26, 1962, (2) that the said picketing has had as an object union representation and certification, and (3) that the picketing begun upon December 26, 1962 continued without a petition for certification being filed within a reasonable period of time not to exceed 30 days, and therefore constituted an unfair labor practice under Section 8(b) (7) (C).
Taking up the disputed matters in the order stated...
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