Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

The Harrison County Coal Company v. United Mine Workers of America, International Union

United States District Court, N.D. West Virginia

September 18, 2019

THE HARRISON COUNTY COAL COMPANY, Plaintiff/Counter-Defendant,
v.
UNITED MINE WORKERS OF AMERICA, INTERNATIONAL UNION, and UNITED MINE WORKERS OF AMERICA, LOCAL UNION 1501, Defendants/Counter-Claimants.

          MEMORANDUM OPINION AND ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT [ECF NO. 11], GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT [ECF NO. 12], AND CONFIRMING ARBITRATION AWARD

          THOMAS S. KLEEH, UNITED STATES DISTRICT JUDGE

         Pending before the Court are cross motions for summary judgment filed by the Plaintiff and Counter-Defendant, The Harrison County Coal Company (“Plaintiff”), along with the Defendants and Counter-Claimants, the United Mine Workers of America, International Union, and the United Mine Workers of America Local Union 1501 (together, the “Union” or “Defendants”). For the reasons discussed below, the Court denies Plaintiff’s motion and grants Defendants’ motion.

         I. PROCEDURAL HISTORY

         On July 2, 2018, Plaintiff brought this action against Defendants, seeking to vacate an arbitration award. The Honorable Irene M. Keeley, United States District Judge, ordered the parties to submit a joint stipulated record, cross motions for summary judgment, and response briefs. Defendants filed an Answer and Counterclaim against Plaintiff. The case was transferred to the Honorable Thomas S. Kleeh, United States District Judge, on December 1, 2018. The parties have filed their cross motions for summary judgment, which are now ripe for consideration.

         II. BACKGROUND

         Plaintiff operates the Harrison County Mine, formerly the Robinson Run Mine, an underground coal mine in West Virginia. Defendants represent Plaintiff’s bargaining unit employees for purposes of collective bargaining. The collective bargaining agreement that governs this relationship is the 2016 National Bituminous Coal Wage Agreement (“NBCWA”). The NBCWA establishes work jurisdiction of union-represented employees and provides restrictions on Plaintiff’s ability to contract out this work.

         A. The NBCWA

         The NBCWA provides the following regarding “Work Jurisdiction”:

The production of coal, including removal of over-burden 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 related 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.
Nothing in this section will be construed to diminish the jurisdiction, express or implied, of the United Mine Workers.

ECF No. 10-1 at 10–11. The agreement also distinguishes between (1) Repair and Maintenance Work and (2) Construction Work. The “Scope and Coverage” of Construction Work is as follows:

All construction of mine or mine related facilities including the erection of mine tipples and sinking of mine shafts or slopes customarily performed by classified Employees of the Employer normally performing construction work in or about the mine in accordance with prior practice and custom, shall not be contracted out at any time unless all such Employees with necessary skills to perform the work are working no less than 5 days per week, or its equivalent for Employees working on alternative schedules.
Provided further that where contracting out of such construction work customarily performed by classified Employees at the mine is permitted under this Agreement, such contracting shall be in accordance with prior practice and custom. Where contracting out is permitted under this section, prior practice and custom shall not be construed to limit the Employer’s choice of contractors.

Id. at 13.

         The NBCWA provides the following regarding ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.