Clinchfield Coal Company v. District 28, United Mine Workers of America & Local Union 1452, Westmoreland Coal Company, Amicus Curiae

720 F.2d 1365
CourtCourt of Appeals for the Fourth Circuit
DecidedDecember 15, 1983
Docket83-1147
StatusPublished
Cited by57 cases

This text of 720 F.2d 1365 (Clinchfield Coal Company v. District 28, United Mine Workers of America & Local Union 1452, Westmoreland Coal Company, Amicus Curiae) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clinchfield Coal Company v. District 28, United Mine Workers of America & Local Union 1452, Westmoreland Coal Company, Amicus Curiae, 720 F.2d 1365 (4th Cir. 1983).

Opinions

[1367]*1367ERVIN, Circuit Judge:

The United Mine Workers of America and Local Union No. 1452 (hereinafter collectively referred to as the “Union”) appeal from the United States District Court for the Western District of Virginia wherein summary judgment was granted in favor of Clinchfield Coal Company and intervening coal companies (hereinafter collectively referred to as “Clinchfield”) against the Union. Clinchfield brought this action to vacate an arbitrator’s award on a grievance filed by the Union against Clinchfield. Because we agree with the district court that the arbitrator’s award did not draw its essence from the labor agreement, we affirm.

I.

Clinchfield is the owner and lessee of coal lands in southwestern Virginia. Clinchfield operates twelve large underground mines, three preparation plants, and four raw coal-loading facilities.

Clinchfield also licenses coal lands to independent contractors. Although the licensees sell all coal mined to Clinchfield, they nevertheless conduct their own independent coal mining operations. The licensees hire and supervise their own employees, set production schedules, and own or rent the necessary machines, equipment, and tools. Clinchfield’s assistance is limited to making available on a cost reimbursable basis electricity, access roads, and engineering services.

The licensed lands contain small, isolated, remote pockets of coal. Clinchfield- itself will mine only those coal lands that contain sufficiently large seams of coal to justify large underground mining operations which require extensive machinery, material, staff, and commitment of capital. Clinch-field has licensed out coal lands since the 1940’s and currently has 54 such licenses outstanding. Of those 54, only one parcel had previously been mined by Clinchfield.

The yearly amounts of coal mined by the licensees and by Clinchfield’s own mines generally have been roughly equal. Since the licensees’ mining operations have been more efficient than Clinchfield’s mines, Clinchfield has, in effect, subsidized its less efficient mines by obtaining cheaper coal from the licensees. So long as the demand for coal remained high, this pattern of subsidization continued.

In April, 1982, the demand for coal sharply declined, a downturn that was expected to be long term. The decline was accompanied by falling coal prices. In response to the need to cut production and costs, Clinchfield shut down its least efficient mines. Among the closed mines was the Camp Branch No. 1 Mine (“CBM”), an old and costly mine.

CBM was closed on May 22, 1982, requiring the layoff of Union members. In effectuating the layoff, Clinchfield was bound by the provisions of the National Bituminous Coal Wage Agreement of 1981 (the “Agreement”), to which Clinchfield is a signatory.

On June 3, 1982, the Union filed a grievance against Clinchfield under the Agreement, alleging a violation of If 2 of article lA(h) of the Agreement. Paragraph 2 provides:

Licensing out of coal mining operations on coal lands owned or held under lease or sublease by any signatory operator hereto shall not be permitted unless the licensing out does not cause or result in the layoff of Employees of the Employer.

Clinchfield denied the grievance and the matter was submitted to arbitration before Arbitrator Robert J. Abies.

On October 30,- 1982, Arbitrator Abies rendered his decision sustaining the Union’s grievance. The arbitrator held that Clinch-field had the burden of proving that its licenses did not cause the layoffs at CBM, a burden that was not carried by irrelevant evidence concerning the decline in demand for coal and the resultant economic nonvia-bility of CBM. Arbitrator Abies thus ordered CBM to put the grievants back to work.

Clinchfield then filed this action to vacate the arbitrator’s award and on January 27, 1983, the district court entered an order vacating the award, 556 F.Supp. 522. This appeal followed.

[1368]*1368II.

Federal courts are empowered by § 301 of the Labor Management Relations Act, 29 U.S.C. § 185, to review the decisions of labor arbitrators. That review is limited. In The Steelworkers Trilogy, the courts were admonished that “[t]he refusal of courts to review the merits of an arbitration award is the proper approach to arbitration under collective bargaining agreements.” United States Steelworkers of America v. Enterprise Wheel and Car Corp., 363 U.S. 593, 596, 80 S.Ct. 1358, 1360, 4 L.Ed.2d 1424 (1960); United Steelworkers of America v. Warrior & Gulf Navigation Co., 363 U.S. 574, 80 S.Ct. 1347, 4 L.Ed.2d 1409 (1960); United Steelworkers of America v. American Mfg. Co., 363 U.S. 564, 80 S.Ct. 1343, 4 L.Ed.2d 1403 (1960). “[S]o far as the arbitrator’s decision concerns construction of the contract [i.e., labor agreement], the courts have no business overruling him because their interpretation of the contract is different from his.” Enterprise Wheel, 363 U.S. at 599, 80 S.Ct. at 1362. Nonetheless, the award must “draw its essence” from the collective bargaining agreement.

[A]n arbitrator is confined to interpretation and application of the collective bargaining agreement; he does not sit to dispense his own brand of industrial justice. He may of course look for guidance from many sources; yet his award is legitimate only so long as it draws its essence from the collective bargaining agreement. When the arbitrator's words manifest an infidelity to this obligation, courts have no choice but to refuse enforcement of the award.

Id. at 597, 80 S.Ct. at 1361 (emphasis supplied). Furthermore, “the arbitrator must take into account any existing common law of the particular plant or industry, for it is an integral part of the contract.” Norfolk Shipbuilding and Drydock Corp. v. Local No. 684, 671 F.2d 797, 799-800 (4th Cir. 1982).

The district court held that Arbitrator Ables’s award did not “draw its essence” from the Agreement because the arbitrator (1) “ignored or overlooked and failed to interpret the words ‘coal mining operations’ ” as used in 12 of article lA(h), (2) improperly disregarded Clinchfield’s evidence of an economic cause for the layoffs, and (3) erroneously placed the burden on Clinchfield to show that the licenses did not cause the layoffs. Because we agree with the first two of these criticisms, we likewise conclude that the award did not draw its essence from the Agreement.

A.

At the outset of the hearing before Arbitrator Abies, the Union stipulated that it was alleging a violation of only H 2, and not H1, of article lA(h) of the Agreement. Paragraph 2 enjoins licenses of “coal mining operations” that result in layoffs. This is to be compared with ¶ 1’s prohibition of licenses of “coal lands” where the purpose thereof is to avoid the application of the Agreement.1

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Monongalia County Coal Co. v. United Mine Workers of America
234 F. Supp. 3d 797 (N.D. West Virginia, 2017)
MCI CONSTRUCTORS, LLC v. City of Greensboro
610 F.3d 849 (Fourth Circuit, 2010)
Keebler Co. v. Truck Drivers, Local 170
247 F.3d 8 (First Circuit, 2001)
No. 98-1229
179 F.3d 133 (Fourth Circuit, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
720 F.2d 1365, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clinchfield-coal-company-v-district-28-united-mine-workers-of-america-ca4-1983.