Evening star., 1948-03-19
Operators Offer
To Negotiateif
Miners Return
Five-Doy WoIkout
Called 'UnjustifiobIe
Breach of Contract
By jones Y. Newton

Soft coal operators today told
John L. Lewis that if he would
send his striking miners back to
work they would oe willing to
negotiate with him on the pen
sion plan dispute which led to
the Nationwide mine walkout.
In letter to Mr.. Lewis. the op.
orators described the five-day walk
out OF miners as "an unjustifiable
violation" of the mine work contract.
The mine owners denied, however,
any immediate intention of insti-
tutlng damage suits against Mr.,
Lewis and the United Mine Workers
based on the alleged breach of con-
tract.
Court Petition Considered.
The operators were considering pc
titioning District Court for appoint
ment of third and neutral"
trustee for Interpretation of the
contract provision governing the
S3o,OO0,0O0 welfare and retirement
fund
The industry officials denied they
had "dishonored" their contract in
regard to the spending of welfare
funds, as charged by Mr.. Lewis in
a letter to the UNIV members. Tho
letter was received by the miners
shortly before the stoppage began
Monday. The operators said that
II Mr.. Lewis felt there had been
any breach of contract they would
be willing to discuss it with him.
Charles O'Neill. spokesman for
the owners, made it clear there
could be no negotiations until the
mines were returned to operation.
Our mines are now idle due to
concerted refusal of the mine
workers to perform their duties in
the production of COAL" the oper-
ators wrote Mr.. Lewis. This con-
stltutes a strike in violation of the
wage agreement of 1947. If, in your
mind, a dispute exists under the
wage agreement, the undersigned
stand ready to discuss such subject
with you, provided the mine workers
first return to their enjoyment"
Says Obligation Was Fulfilled.
MIR. O'Neill told reporters, in re-
gard to the pension fund dispute,
that the operators who signed the
1947 contract considered they had
fulfilled their obligation when they
agreed to the welfare fund and con-
tinued the payment of 10 cents per
ton of coal into it.
After that, Mr.. O'Neil said, the
arrangements for disbursing the
funds were matters for the trustees
to work out among themselves.
Mr.. O'Neill said the present strike
was completely unjustified and that
the clause in the contract to the ef-
feet that the miners would work
when liable and willing" could not
be used to justify the present walk
out.
That clause was never intended
to be used to shut down the mines
by concerted action" Mr.. O'Neill
said. Il think Mr.. Lewis and the
miners are striking in violation of
the contract and of all the rules
under which the industry has ever
operated"
The operators spokesman said the
question of instituting suits for con-
tract violation against the UNIV
was a matter for the individual coal
producing companies to decide
themselves.
Embargo Order Prepared.
The operators who signed the let
ter sent Mr. Lewis today represent
about two-thirds of the Nations
soft coal production.
Meanwhile, the Government was
readying an order to embargo all
rail freight shipments as a coal
conservation measure.
In support of their contention
that the dispute over how the well
fare fund should be extended was
not matter TO be taken up under
the contract, the operators wrote
Mr. Lewis:
THE agreement of July 7. 1947.
was executed by the operators in
good faith. They have made pay
ments into the fund as required
by the agreement, and they had
hoped that the beneficient purposes
of the fund would be realized by
prompt, sound and reasonable action
of the trustees. That this action
was not taken by the trustees Is no
fault of the operators. They have
fully acquitted themselves of their
contractual obligations, and they
feel that the action you have now