Mountaineer Shaft and Tunnel Construction Company v. National Labor Relations Board, United Mine Workers of America, Intervenor

Sixth Circuit

Mountaineer Shaft and Tunnel Construction Company v. National Labor Relations Board, United Mine Workers of America, Intervenor

624 F.2d 50, 105 L.R.R.M. (BNA) 2651, 1980 U.S. App. LEXIS 16204

CourtCourt of Appeals for the Sixth Circuit

DecidedJune 27, 1980

Docket78-1097

StatusPublished

This text of 624 F.2d 50 (Mountaineer Shaft and Tunnel Construction Company v. National Labor Relations Board, United Mine Workers of America, Intervenor) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mountaineer Shaft and Tunnel Construction Company v. National Labor Relations Board, United Mine Workers of America, Intervenor, 624 F.2d 50, 105 L.R.R.M. (BNA) 2651, 1980 U.S. App. LEXIS 16204 (6th Cir. 1980).

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Opinion

ORDER

This matter is before the court upon cross-petitions for review and enforcement respectively of an order of the National Labor Relations Board, 234 NLRB 929 (1978), determining that petitioner Mountaineer Shaft and Tunnel Construction Company (Mountaineer) violated section 8(a)(2) and (1) of the National Labor Relations Act. The Board found that Mountaineer unlawfully recognized the Southern Labor Union (SLU) as the collective bargaining agent for its employees, negotiated a contract with the SLU, locked out the employees to force them to ratify the contract and to affirm the Southern Labor Union as their collective bargaining representative. The Board also determined that the company violated Section 8(a)(1) of the Act by threatening to close the job site if the employees failed to affirm the Southern Labor Union as their collective bargaining representative. In addition, the Board ordered the company to reimburse the initiation fees and dues which the employees paid pursuant to the collective bargaining agreement which it found had been unlawfully imposed upon them.

Upon consideration of the record as a whole, the court is of the opinion that substantial evidence supports the findings of the Board in all respects except that portion of its order which compels the company to reimburse the employees for initiation fees and dues deducted. In this re *51 spect the court is of the opinion that the 17 employees who signed union authorization cards for the SLU had done so voluntarily and without any coercion on the part of the employer. Therefore, as to those employees, the Board lacked authority to order reimbursement of dues and fees. Local 60 Carpenters v. NLRB, 365 U.S. 651, 81 S.Ct. 875, 6 L.Ed.2d 1 (1961). This is particularly true since the authorization cards specifically permitted check-off for such dues. Accordingly,

IT IS ORDERED that enforcement of so much of the Board’s order as compels reimbursement of dues and fees to the 17 employees who signed union authorization cards is denied, but that in all other respects the order of the Board is enforced.

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ORDER

This matter is before the court upon cross-petitions for review and enforcement respectively of an order of the National Labor Relations Board, 234 NLRB 929 (1978), determining that petitioner Mountaineer Shaft and Tunnel Construction Company (Mountaineer) violated section 8(a)(2) and (1) of the National Labor Relations Act. The Board found that Mountaineer unlawfully recognized the Southern Labor Union (SLU) as the collective bargaining agent for its employees, negotiated a contract with the SLU, locked out the employees to force them to ratify the contract and to affirm the Southern Labor Union as their collective bargaining representative. The Board also determined that the company violated Section 8(a)(1) of the Act by threatening to close the job site if the employees failed to affirm the Southern Labor Union as their collective bargaining representative. In addition, the Board ordered the company to reimburse the initiation fees and dues which the employees paid pursuant to the collective bargaining agreement which it found had been unlawfully imposed upon them.

Upon consideration of the record as a whole, the court is of the opinion that substantial evidence supports the findings of the Board in all respects except that portion of its order which compels the company to reimburse the employees for initiation fees and dues deducted. In this re *51 spect the court is of the opinion that the 17 employees who signed union authorization cards for the SLU had done so voluntarily and without any coercion on the part of the employer. Therefore, as to those employees, the Board lacked authority to order reimbursement of dues and fees. Local 60 Carpenters v. NLRB, 365 U.S. 651, 81 S.Ct. 875, 6 L.Ed.2d 1 (1961). This is particularly true since the authorization cards specifically permitted check-off for such dues. Accordingly,

IT IS ORDERED that enforcement of so much of the Board’s order as compels reimbursement of dues and fees to the 17 employees who signed union authorization cards is denied, but that in all other respects the order of the Board is enforced.

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624 F.2d 50, 105 L.R.R.M. (BNA) 2651, 1980 U.S. App. LEXIS 16204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mountaineer-shaft-and-tunnel-construction-company-v-national-labor-ca6-1980.

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