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BETHLEHEM MINES CORP. v. UMW

March 24, 1972

Bethlehem Mines Corporation, Plaintiff
v.
United Mine Workers et al., Defendants


Weber, D. J.


The opinion of the court was delivered by: WEBER

WEBER, D. J.:

 From the testimony produced at the hearing, upon notice to the defendants, for a temporary restraining order on November 24, 1971, and the further testimony produced on the hearing for motion for preliminary injunction on December 15, 1971, the court makes the following findings:

 Findings of Facts

 1. Plaintiff is a West Virginia corporation licensed to do business in Pennsylvania, and is an employer engaged in commerce within the meaning of the National Labor Relations Act, as amended, 29 U.S.C. ยง 152(2) and (7).

 2. Defendant Unions are labor organizations representing employees in an industry affecting commerce within the meaning of the National Labor Relations Act, as amended.

 3. Defendant Local Union No. 1386 of the United Mine Workers of America, District #2, is a local union representing the employees of plaintiff at plaintiff's Mine No. 31.

 4. Defendant Local Union No. 850 of the United Mine Workers of America, District #2, is a local union representing the employees of plaintiff at plaintiff's Mine No. 32. Although named originally as a defendant, the evidence did not establish liability on the part of Local 850 for failure to return to work.

 5. Defendant Local Union No. 1368 of the United Mine Workers of America, District #2, is a local union representing the employees of plaintiff at plaintiff's Mine No. 33.

 6. Defendant Local Union No. 6359 of the United Mine Workers of America, District #2, is a local union representing the employees of plaintiff at plaintiff's Mine No. 38.

 7. Defendant Local Union No. 6394 of the United Mine Workers of America, District #2, is a local union representing the employees of plaintiff at plaintiff's Mine No. 73.

 8. Defendant Local Union No. 6411 of the United Mine Workers of America, District #2, is a local union representing the employees of plaintiff at plaintiff's Mine No. 77.

 9. Plaintiff and defendants are parties to a labor contract entitled the "National Bituminous Coal Wage Agreement of 1971", which continues in full force and effect through November 12, 1974, unless extended by the parties, and which was and is in full force and effect at all times here concerned.

 10. Said labor agreement contains a mandatory grievance procedure culminating in compulsory arbitration.

 11. Said labor agreement contains an agreement not to strike implied from its provision for settlement of all disputes under the machinery provided in the contract.

 12. The individual defendants are officers and agents of the defendant Local Unions.

 13. On or about October 1, 1971, defendants and their members employed at plaintiff's Cambria Division, consisting of Mine Nos. 31, 32, 33, 38, 73, and 77, and two Preparation Plants, went on strike when the "National Bituminous Coal Wage Agreement of 1968" expired. Bargaining between the United Mine Workers of America and the mine operators continued until a new wage agreement, the "National Bituminous Coal Wage Agreement of 1971", was signed effective November 12, 1971.

 14. Notwithstanding ratification of the 1971 Agreement by the duly authorized representatives of the defendant United Mine Workers of America, defendants and their members employed at plaintiff's Cambria Division failed and refused to report for work as scheduled at 12:01 o'clock, A.M. on November 15, 1971, and since that time work was available, and they continued to refuse to report for work as scheduled, thereby preventing plaintiff from resuming mining operations until November 25, 1971, except for defendant Local #850 at Mine 32 which voted to return to work but was ordered by plaintiff not to work because facilities were not available.

 15. The 1971 Agreement required that work resume after November 12, 1971, and also provides an Addendum as follows:

 
"The increase in wages and benefits provided herein shall become effective on the earliest possible date after the necessary clearances required under the Economic Stabilization Program of the Federal Government under Executive ...

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