International Union, United Mine Workers v. Monongalia County Coal Co.

240 F. Supp. 3d 466, 2017 WL 890100, 2017 U.S. Dist. LEXIS 31268
CourtDistrict Court, N.D. West Virginia
DecidedMarch 6, 2017
DocketCIVIL ACTION NO. 1:16CV56
StatusPublished

This text of 240 F. Supp. 3d 466 (International Union, United Mine Workers v. Monongalia County Coal Co.) is published on Counsel Stack Legal Research, covering District Court, N.D. West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
International Union, United Mine Workers v. Monongalia County Coal Co., 240 F. Supp. 3d 466, 2017 WL 890100, 2017 U.S. Dist. LEXIS 31268 (N.D.W. Va. 2017).

Opinion

MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT [DKT. NO. 15], AND DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [DKT. NO. 17]

IRENE M. KEELEY, UNITED STATES DISTRICT JUDGE

Pending for consideration are cross motions for summary judgment filed by the plaintiff, International Union, United Mine Workers of America, and Local Union 1702, United Mine Workers of America (collectively “Union”), and the defendant, Monongalia County Coal Company (“Company”). For the reasons that follow, the Court GRANTS the Union’s motion for summary judgment (dkt. no. 15) and DENIES the Company’s motion for summary judgment (dkt. no. 17).

I. FACTUAL BACKGROUND

The Company operates the Monongalia County Mine (the “Mine”), an underground coal mine located in Monongalia County, West Virginia. The Union represents the Company’s bargaining unit (union) employees for purposes of collective bargaining. The Company and the Union [469]*469are bound by a collective bargaining agreement, titled the National Bituminous Coal Wage Agreement of 2011 (“CBA”), that governs the wages, hours, and working conditions of union employees at the Mine. (Dkt. No. 16 at 2).

Sometime in 2014, the Company began operating a continuous mining schedule, meaning that employees mined coal twenty-four hours a day, seven days per week. (Dkt. No. 1-1 at 5). The Company established three crews to work a traditional Monday to Saturday schedule, with the crews rotating off every third Saturday. A fourth crew schedule was established so that production could continue on Sundays. Id. That fourth schedule had employees working from Wednesday to Sunday, with Monday and Tuesday off from work. Id.

The continuous schedule presented certain difficulties, among which was the replacement of the heavy duty steel cables used to hoist mined coal to the surface, also known as “skip ropes.” Id. at 6. Because they are required to lift large, extremely heavy buckets of coal to the surface, skip ropes require regular inspection and replacement. Id. As part of the inspection process, skip ropes are x-rayed periodically to determine when they are nearing the end of their life cycle. Id. According to the parties, skip ropes are changed on roughly an annual basis, or more frequently depending on their condition. Id. Because changing the skip ropes can only be accomplished when there is no production in progress, the Company scheduled the replacement for times when production was going to be halted for other reasons and the skip hoist would therefore not be required to raise coal to the surface. Id.

Two skip rope changes are at the center of this matter. The first occurred during the twelve-hour time period beginning with the second shift on October 21, 2014, and running into the midnight shift on October 22, 2014. The second occurred during the twelve-hour time period beginning with the second shift on November 8, 2014, and running into the midnight shift on November 9, 2014. For each skip rope replacement, Preparation Plant Supervisor, Roland Smith (“Smith”), scheduled them only a few days in advance after being told by the Mine Superintendent that production would be halted during those time periods. Id. Although a few union employees performed portions of the work, it is undisputed that the Company also utilized an outside contractor, NexGen Industrial Services Inc. (“NexGen”), to perform approximately 85.5 hours of labor related to the skip rope changes. Id.

The Union filed two grievances, arguing that the skip rope changes are jurisdictional work that can only be performed by union employees under Article IA(a) of the CBA, which provides:

Work Jurisdiction—
The production of coal, including removal of overburden and coal waste, preparation, processing and cleaning of coal and transportation of coal (except by “waterway or rail not owned by Employer), repair and maintenance work normally performed at the mine site or at a central shop of the Employer and maintenance of gob piles and mine roads, and work of the type customarily refuted to all of the above shall be performed by classified Employees of the Employer covered by and in accordance with the terms of this Agreement. Contracting, subcontracting, leasing and subleasing, and construction work, as defined herein, will be conducted in accordance with the provisions of this Article.

Alternatively, the Union contended that, even if the work did not fall under Article IA(a), it would still be “repair and mainte[470]*470nance work” under Article IA(g)(2), which provides in pertinent part:

Repair and Maintenance Work—
Repair and maintenance work of the type customarily performed by classified Employees at the mine or central shop Shall not be contracted out except .,. where the Employer does not have available equipment or regular Employees (including laid-off Employees at the mine. or central shop) with necessary skills available to perform the work at the mine or central shop.

According to. the Union, even if it was repaii’ and maintenance work, the slip rope replacement was work that union employees always performed, and were readily available to perform in this instance; thus, the CBA barred the Company from contracting it out to NexGen.

Conversely, the Company argued that the work- was clearly repair and maintenance work, not jurisdictional work under Article IA(a), and, as such, it could contract the work to NexGen because union employees were not reasonably available during the relevant times. Id. It maintained that all union employees were offered the opportunity to work on the dates in question. Although a few accepted and worked on the skip rope replacement, others were already. working on other assigned duties in the mine and therefore were unavailable; the remainder simply declined to accept the invitation to work. Id. at 16.

Ón June 12, 2015, Arbitrator Michael L. Allen (“Arbitrator”), consolidated the two grievances and conducted a hearing with the parties, during which they presented exhibits and witnesses for examination and cross examination. (Dkt. No. 1-1). On July 10, 2015, the Arbitrator entered his Arbitration Award (“Award”), ultimately finding that the Company violated the CBA when it contracted out the subject-work to NexGen. Id. at 21-22. The Award concluded that the Company had failed to make a good faith effort to notify the union employees of the availability of the skip rope replacement work, and that the “evidence [was] inadequate that all the Company’s entire force of ‘regular Employees’ on those dates was not ‘reasonably available’ for the work.” Id. at 23-24. The Arbitrator sustained the grievances and awarded the Union “85.5 hours’ pay at straight-time Grade 1 Plant wage rate.” Id. at 24. Further the Award ordered that the Company “shall cease and desist the use of outside contractors to change skip ropes in the ■future, unless such Article IA(g)(2) work is first fairly offered to all ‘regular Employees,’ and unless it then appears that sufficient employees for its performance are ‘reasonably unavailable.’ ” Id.

II. PROCEDURAL BACKGROUND

On March 31, 2016, the Union filed suit in this Court, claiming that the Company has failed to comply with the cease-and-desist order' in the Award.' (Dkt. No. 1).

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Bluebook (online)
240 F. Supp. 3d 466, 2017 WL 890100, 2017 U.S. Dist. LEXIS 31268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/international-union-united-mine-workers-v-monongalia-county-coal-co-wvnd-2017.