United States Steel Corp. v. UNITED MINE WKRS. OF AM.

• Decision Date: 24 April 1975
• Docket Number: Civ. A. No. 75-200 and 75-235.
• Citation: 393 F. Supp. 942
• Parties: UNITED STATES STEEL CORPORATION, Plaintiff, v. UNITED MINE WORKERS OF AMERICA et al., Defendants (two cases).
• Court: U.S. District Court — Eastern District of Pennsylvania

393 F. Supp. 942

UNITED STATES STEEL CORPORATION, Plaintiff, v. UNITED MINE WORKERS OF AMERICA et al., Defendants (two cases).

Civ. A. Nos. 75-200 and 75-235.

United States District Court, W. D. Pennsylvania.

April 24, 1975.

Leonard L. Scheinholtz, Pittsburgh, Pa., for plaintiff.

Melvin P. Stein, Pittsburgh, Pa., Kenneth J. Yablonski, Washington, Pa., for defendants.

FINDINGS OF FACT, CONCLUSIONS OF LAW AND OPINION

ROSENBERG, District Judge.

FINDINGS OF FACT

1. The plaintiff, United States Steel Corporation, is a corporation organized and existing under the laws of the State of Delaware. Through its Maple Creek Mine in Washington County, Pennsylvania, the plaintiff is engaged in the mining and processing of coal which is used by the plaintiff in the production of steel and coal chemicals within the Western District of Pennsylvania. The plaintiff is engaged in an industry affecting commerce as defined in the Labor Management Relations Act of 1947, as amended.

2. The defendant, United Mine Workers of America is an unincorporated labor organization having its principal office at 900 Fifteenth Street, N. W., Washington, D. C. Its duly authorized officers and agents are engaged in representing and acting for certain employees of the plaintiff within the Western District of Pennsylvania for purposes of collective bargaining.

3. The defendant, District No. 5, United Mine Workers of America is an unincorporated labor organization and an administrative division of the United Mine Workers having an office at 938 Penn Avenue, Pittsburgh, Pennsylvania, within the Western District of Pennsylvania. Its duly authorized officers and agents are engaged in representing or acting for employee-members of the United Mine Workers employed at the plaintiff's Maple Creek Mine for purposes of collective bargaining.

4. The defendant, United Mine Workers of America, Local Union No. 1248 is an unincorporated labor organization and is a local labor union of the defendant United Mine Workers. Local 1248 maintains an office in care of Mr. Michael Britvich, President House No. 122, R.D. #1 (Denbo), West Brownsville, Pennsylvania, and is engaged in representing and acting for employee-members of the defendant United Mine Workers at the plaintiff's Maple Creek Mine for purposes of collective bargaining.

5. On February 12, 1975, the plaintiff filed with the United States District Court for the Western District of Pennsylvania, a complaint at Civil Action No. 75-200 against the above-captioned defendants alleging a violation of the National Bituminous Coal Wage Agreement of 1974, between the plaintiff and the defendants which became effective on December 6, 1974 and by its terms continues in full force and effect through December 6, 1977.

6. On February 24, 1975, the plaintiff filed with the United States District Court for the Western District of Pennsylvania, a complaint at Civil Action No. 75-235 against the above-captioned defendants alleging a violation of the National Bituminous Coal Wage Agreement of 1974 between the plaintiff and the defendants which became effective on December 6, 1976, and by its terms continues in full force and effect through December 6, 1977.

7. On March 13, 1975, pursuant to the plaintiff's motion and after hearing, this court issued a Preliminary Injunction enjoining the defendants, their officers, representatives, members and all persons acting in concert with them or acting in their behalf, during the pendency of this Preliminary Injunction and until final determination from:

(a) Engaging in a strike or work stoppage at the plaintiff's Maple Creek Mine located in Washington County, Pennsylvania; or

(b) Picketing or in any other manner interferring with operations at the plaintiff's Maple Creek Mine located in Washington County, Pennsylvania,

because of any difference concerning the meaning and application of the provisions of the Agreement or any difference about matters not specifically mentioned in the Agreement or because of any local trouble of any kind arising at the mine.

The aforesaid Order further directed that during the pendency of this Preliminary Injunction and pending final determination:

The defendants, their officers, representatives and members utilize the Settlement of Disputes procedure for the resolution of any further ". . . differences . . . between the Mine Workers and the Employer as to the meaning and application of the provisions of said agreement . ." and ". . . differences . . . about matters specifically mentioned in said agreement . . ." and ". . . any local trouble of any kind arising at the mine . . ." including if necessary, final and binding arbitration; and

That the defendants' officers, and representatives, pending final determination of this case, take all action which may be necessary to assure compliance with the terms of the 1974 Bituminous Coal Wage Agreement, during pendency of this preliminary injunction.

The court retained jurisdiction of the issues involved and directed that any violation of this Order be reported immediately to the court for appropriate action.

8. The Preliminary Injunction was duly served upon the defendants on March 17, 1975. In addition, copies of the Preliminary Injunction were distributed to all employees of the Maple Creek Mine, both by the Company and the defendants. At all times material, therefore, the defendant, their officers, representatives and members have had actual knowledge and notice of the terms of the Preliminary Injunction issued on March 13, 1975.

9. On April 21, 1975, beginning at 8:01 a. m. the employees of the Maple Creek Mine No. 1 and approximately 85 out of 140 employees scheduled for work at Maple Creek Mine No. 2 reported for work but refused to work as scheduled. At 9:30 a. m. the employees scheduled to work at the Preparation Plant reported for work but refused to work as scheduled, and at 11:30 a. m. the approximately 55 employees who had gone to work at 8:00 at Maple Creek Mine No. 2 left work.

10. The dispute giving rise to the work stoppage involved the suspension, with intent to discharge, of five Maple Creek employees for improperly interfering with a training class for potential maintenance foremen on Saturday, April 19, 1975, at the plaintiff's Filbert Shop, located approximately 20 miles from the Maple Creek Mine.

11. The dispute giving rise to the work stoppage at the Maple Creek Mine is subject to resolution under Article XXIV — Discharge Procedure of the National Bituminous Coal Wage Agreement of 1974.

12. On April 21, 1975, the plaintiff immediately notified the United Mine Workers of America and District 5, United Mine Workers of America, of the existence of the work stoppage and requested that these defendants take prompt action to end the work stoppage. The request to the International Union was contained in a telegram addressed to Arnold Miller, President of the United Mine Workers of America, and provided as follows:

"This is to inform you that the employees of the Company's Maple Creek Mines #1 and #2, New Eagle, Pa., are engaging in a work stoppage in violation of the labor agreement. The stoppage began with employees scheduled to begin work at 8:00 a. m., Monday, April 21, 1975. District and Local UMWA officials have been notified of the stoppage. The Company requests that you immediately inform the employees involved that this work stoppage is in violation of the National Bituminous Coal Wage Agreement. They should also be informed that the work stoppage should end immediately and that all disputes which are not settled by agreement should be settled through the disputes procedures set forth in the labor agreement."

13. Despite the fact that the Company specifically requested President Miller to disavow the work stoppage, he did not do so.

14. On April 21, 1975 at 1:00 p. m., the membership of defendant Local Union No. 1248 held a special meeting. That meeting was attended by a representative of District 5, but no representative of the International Union attended. The membership of Local Union No. 1248 were urged to return to work and process the dispute concerning the discipline of the five Maple Creek employees through the applicable steps of the grievance-arbitration procedure, but they refused to do so, with the result that the work stoppage continued on the afternoon shift on April 21, 1975 and thereafter on all shifts up to the present time.

15. On April 21, 1975 at approximately 2:30 p. m. the plaintiff filed its Motion for Adjudication of Civil Contempt. Despite the filing of this motion and its service on the defendants on April 21, 1975, no further meeting of Local Union No. 1248 was held until 7:00 p. m. on April 22, 1975, at which time the membership of Local Union No. 1248 was again urged to return to work but refused to do so.

16. As a result of the work stoppage at the Maple Creek Mine, all coal operations and related facilities at the Maple Creek Mine have been shut down. As a consequence, the plaintiff has lost 9,000 tons of coal production per day from the Maple Creek Mine which cannot be replaced from other sources in the market. The replacement cost for the coal produced at the Maple Creek Mine, if such replacement coal was available, would be approximately $42 per ton. Because of the low stock pile of coal produced at the Maple Creek Mine and the plaintiff's inability to replace the lost coal production from other sources in the market, the work stoppage at the Maple Creek Mine has caused, and threatens to cause, serious interference to the plaintiff's coke and steel manufacturing operations, all of which has resulted, and will continue to result, in immediate and irreparable injury to the plaintiff.

17. Neither the International Union nor District 5 have taken any action to discipline any members of Local Union No. 1248 for their conduct in connection with the illegal work stoppage nor have they taken any steps to suspend the atonomy of Local...