Red Diamond Mining Company, Inc., Charles F. Debardeleben, Individually, Prince Debardeleben, Individually, Charles F. Debaideleben And Prince Debardeleben, D/b/a Red Diamond Mining Company And United Mine Workers Of America, District 20 And Red Diamond Employees Associalion, Party To a Contract, 1234 (1942)

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Red Diamond Mining Company, Inc., Charles F. Debardeleben, Individually, Prince Debardeleben, Individually, Charles F. Debaideleben And Prince Debardeleben, D/b/a Red Diamond Mining Company And United Mine Workers Of America, District 20 And Red Diamond Employees Associalion, Party To a Contract, 1234 (1942)

In the Matter of RED DIAMOND MINING COMPANY, INC., CHARLES F.

DEBARDELEBEN, INDIVIDUALLY, PRINCE DEBARDELEBEN, INDIVIDUALLY, CHARLES F. DEBAIDELEBEN AND PRINCE DEBARDELEBEN, D/B/A RED DIAMOND MINING COMPANY and UNITED MINE WORKERS OF AMERICA, DISTRICT 20 and RED DIAMOND EMPLOYEES ASSOCIAlION,

PARTY TO A CONTRACT Case No. C-2192.-Decided October 16, 1942 Jurisdiction: mining industry.

Unfair Labor Practices In General: partnership held to be successor to corporation, and both, as well as partners individually, held jointly and severally liable for unfair labor practices.

Interference, Restraint, and Coercion: activities of supervisors in threatening the employees with discharge if they joined the union, in declaring the union would never succeed in organizing the employees, and in warning the employees that if they joined an organization other than the company-dominated one the mines would cease operating; permission by respondent to company-dominated organization to conduct a poll on company time and property on whether the employees favored the 'outside' union.

Company-dominated Union: circulation of petition for formation on company time and property; precipitate grant of exclusive recognition, closed-shop contract, and check-off, without a pay-roll check on majority representation claim and with virtually no preliminary negotiating or bargaining; check-off of dues from wages of non-members as well as members, and without the individual authorizations required under the contract; activities in the organization by supervisory employees; disparity of treatment-barring 'outside' union from property at request of company-dominated organization while at the same time authorizing latter to conduct a poll among the employees on company time and property, and prior thereto permitting circulation of petition for formation of company-dominated organization on. company time and property;

contract with company-dominated organization held illegal and void.

Discrimination: employee held to have been discharged for careless shooting of coal in violation of safety rules and practice and a safety statute, and not for union activity; allegation of amended complaint alleging discriminatory discharge accordingly dismissed.

Remedial Orders: issued against corporation, successor partnership, and partners individually, requiring them to cease and desist unfair labor practices, disestablish dominated-organization and abrogate contract entered into with dominated organization.

Mr. Alexander E. Wilson, Jr., for the Board.

Mr. Borden Burr, of Birmingham, Ala., for the respondents.

Messrs. William E. Mitch and Frank L. Parsons, of Birmingham,

Ala., for the Union.

Mr. Herman J...

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