Evening star., 1950-02-11

ber 19 to November 8 there was a
central cessation of work in the
mines. On December S. the 3-day
week was again instituted. The
Christmas holiday period and COM
plete stoppages in Illinois and later
in the eastern district created fur
ther uncertainties regarding pro-
duction.
In this period since the termi-
nation of the 1948 contract, there
has been frequent resort to court
actions and other legal proceedings
affecting collective bargaining
over the terms of a new agree
ment. This litigation has con-
cerned the welfare fund, damage
actions in State courts, and
charges of unfair labor practices
before the National Labor Rela-
tions Board.
On January 18, 1850. the gen.
eral counsel of the National Labor
Relations Board issued a COM
plant against the United Mine
Workers and thereafter, on Feb
ruary 8. 1850, the United States
District Court held that an in
junction should be granted re-
straining the union from striking
for the union shop, the so-called
able and willing" clause, and cer-
tain features of the United Mine
Workers pension and welfare
fund.
This series of lawsuits has
brought into question many pro-
visions of the last agreement of
the parties. In these proceedings
there is further reflection of the
break down of genuine collective
bargaining in this industry.
Some Companies Sign.
On December 8, 1949, the
United Mine Workers announced
that contract had been signed
with number of coal companies
producing 100000 tons, provid-
fing for increases in basic wage
rates of 95 cents. per day and of
is cents per ton In the contribu-
tions to the welfare fund. Since
that date the United Mine Work.
Iers has reported periodically that
additional companies have signed
this agreement. It. now states
that a total of 1860 companies
with 41.000.000 tons annual pro-
duction are under this contract.
On January Is, 1850, the
northern operators wrote the
union offerings to negotiate a new
contract "on the basis" of a num-
Der OF designated conditions. The
union accepted the invitation
stating that it would meet "tc
negotiate in good faith. without
stipulation. qualification, ,aor COM
m m n t." The negotiations
which followed on February l and
February 2. 1850. broke down
without any effective bargaining
as the parties debated conditions
precedent to bargaining" The
operators withdrew.
On January 81, 1850, President
Truman sent kilograms to the
parties proposing the resumption
of normal" production for Pc
riod of 70 days and the establish
ment of fact-finding board au-
thorized to make recomendma
tionS. The operators accepted the
proposal, but on February the
United Mine Workers rejected the
proposal. The President appoint
led the present board of inquiry
under the Labor Management Re-
lations Act, 1947, following the
general stoppage of work on Feb
ruary 6, 1850.
III. Facts and Circumstances
of the Dispute.
The board opened it's hearings
with series of private sessions
with the leading representatives
Iof the National Bituminous Coal
Wage Conference, the Southern
Coal Producers Association and
the United Wine Workers of
America. In the course of these
private hearings the board was
given picture characterized by
confusion. Eight months of col
lective bargaining were described
by the parties themselves as hav-
ing yielded only fantastic" as
sortment of vague demands, with
futile sparring at "perfunctory"
conclaves.
There We're repeated references
to the wastes of time which had
occurred while the parties stood
alternately in ceremonious in
sistence upon what would invaria-
bly, be described subsequently as
conditions precedent" The i'm
preston conveyed was that in long
months of bargaining the. real
issues in this case had never ac-
tually been joined.
At the outset of the hearings
the stated positions of the parties
we're as outlined below.
1 Stated Yancifiora rf the, Y,o ,.f;aS