xt7rxw47sz3c https://exploreuk.uky.edu/dips/xt7rxw47sz3c/data/mets.xml   1978 ix, 212 pages ; 20 x 9 cm.; call number hd4966_m62_u660 books  English  Contact the Special Collections Research Center for information regarding rights and use of this collection.  Wages -- Coal miners -- United States Collective labor agreements -- Coal mining industry -- United States National Bituminous Coal Wage Agreement of 1978: Effective March 27, 1978 text National Bituminous Coal Wage Agreement of 1978: Effective March 27, 1978 1978 2019 true xt7rxw47sz3c section xt7rxw47sz3c . i National Bitumnous Coal -
: Wage Agreement of 1978 .
f EFFECTIVE MARCH 27. 1978 '4

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NATIONAL BITUMINOUS COAL ‘
WAGE AGREEMENT OF 1978 "
Effective March 27. 1978
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TABLE OF CONTENTS .
Page
Article I—ENABLING CLAUSE 1 ,
Article IA—SCOPE AND COVERAGE 3 .
Section (a) Work Jurisdiction 3
Section (b) Exemptions Clause 3 i
Section (c) Supervisors Shall Not 1
Perform Classified l
Work 4 9;
Section (d) Management of the Mines 5 1
Section (e) Union’s Rights 5
Section (f) Application of This
Contract to the l
Employer’s Coal Lands... 5 l
Section (g) Contracting and |
Subcontracting 6
Section (h) Leasing, Subleasing and
Licensing Out of Coal
Lands 6
Section (i) Construction Work 7
Article II—INDUSTRY DEVELOPMENT _. 7 {g
Y
Article III—HEALTH AND SAFETY 10 1
Section (a) Right to a Safe Working ’
Place 10 i
Section (b) Federal Coal Mine Health ii
and Safety Act of 1969.- 10 ,
Section (c) Joint Industry Health and i
Safety Committee 11 i
Section (d) Mine Health and Safety 9
Committee 12 i
Section (e) Access to the Mine 14 ,2
Section (f) Reports 16 "
Section (g) Safety Rules and .
Regulations 16
Section (h) Cooperation in Develop-
ment of Mining Plans 17
Section (1) Preservation of Individual
Safety Rights 18
Section (3') Physical Examination 20 i
Section (k) Minimum Age 21 fi
Section (1) Workmen’s Compensation 3
and Occupational l
Disease 21
Section (m) Safety Equipment and ‘
Protective Clothing I
. Allowance 22 I
Section (n) Maintenance 23
Section (0) Special Safety Problem
Areas 23
Section (p) Settlement of Health or
Safety Disputes 25
Article IV—WAGES AND HOURS 27
Section (a) Basic Work Week 27
Section (b) Basic Work Day 27
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Section (0) Lampman 28
Section ((1) Saturday, Sunday and
Premium Work 29
Section (e) Standard Daily Wage Rate 30
Article V—HELPERS 0N FACE
I EQUIPMENT IN UNDERGROUND
, Section (at) Assignment of Helpers 32
Section (b) Duties and Responsibilities
of Helpers 33
, Section (c) Exemption 34
Article VI—-SHIFTS AND SHIFT A
DIFFERENTIALS 34 ‘
Section (a) Multiple Shifts 34
Section (b) Hoisting of Coal 35
Section (c) Shift Differentials 35
Section (d) Working into the Next
Shift 35
Section (e) Call-back 35
Section (f) Shift Rotation 36
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f Article VII—MINE COMMUNICATION
COMMITTEES 36
Article VIII—STARTING TIME 37
. Section (21) Shift Starting Time 37 1
f Section (b) Lowering Employees 37
Section (c) Safety and Maintenance .. 38
Section (d) Surface Facilities 38
; Section (e) Crew Changes 38
‘ Article IX—ALLOWANCES 38
Section (a) Bereavement Pay 38
Section (b) Jury Duty 39
Section (c) Reporting Pay 39
Section ((1) Military Duty 40
Section (e) Personal or Sick Leave 40
Section (f) Additional Allowance 41
Article X—COST-OF-LIVING WAGE
1
Article XI—SICKNESS AND ACCIDENT
Section (a) General Purpose 42
Section (b) Eligibility 42
Section (c) Commencement and
Duration of Benefits 44
Section (d) Amount and Payment of
Benefits 46
Section (e) Filing of Claims for
Benefits 47
Section (f) Structure and
Administration 47
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Page 1
Article XII—HOLIDAYS 50 .
Section (a) Holidays Observed 50 ;
Section (b) Sunday Holidays 51 1
Section (c) Monday Holidays 51
Section (d) Pay for Holidays Worked. 51 '
Section (e) Pay for Holidays Not .
Worked 52 5
Section (f) Holidays During Vacation ‘
Period 52 2
Section (g) Birthday Holidays 52 3
Section (h) Holidays for Sick and ;
Injured 53 '3
Section (i) Time of Payment 53 l
1
Article XIII—REGULAR VACATION 53 1
Section (a) Annual Vacation 53 1
Section (b) Dates of Regular 1
Vacation Period 53 i
Section (c) Staggered Regular
Vacation 54
Section ((1) Qualifying Period and
Amount of Payment 55 1
Section (e) Floating Vacation Days 57 '-
Section (f) Time of Payment 57 i
Section (g) Obligation for Payment 57 '
Section (h) Work During Vacation i
Shutdown 58 l
Article XIV—GRADUATED VACATION... 58 1
Section (a) General 58 l
Section (b) Definition of Additional 1
Days 59 i
Section (c) Definition of Continuous
Employment 59
Section (d) Amount of Continuous
Employment 60
Section (e) Time of Payment 60
Section (f) Rate of Payment 61
Section (g) Scheduling and Pay in
Lieu 61 .
Section (h) Sick and Injured
Employees 61
Article XV—CHECKOFF 61 l
I
Article XVI—TRAINING 62 ‘1
Section (a) Priority 62 i
Section (b) Orientation for New ;
Employees 63 i
Section (c) General Retraining ,
Programs 67 1
Section (d) Safety Training for
Specific Job 70
Section (e) Maintenance Training and
Rate of Pay 70
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Section (f) New Inexperienced Em-
ployees at Underground
Mines 71
Section (g) General Training
Provisions 72
Article XVII—SENIORITY 73
. Section (21) Definition of Seniority 73
Section (b) Reduction in Work Force .. 74
Section (c) Layoff Procedure 74
'. Section (d) Panels 75
Section (e) Panel Custodians 75
, Section (f) Panel Members Accrue
Seniority 76
Section (g) Right to be Recalled 76
Section (h) Recall of Persons on
Layoff Status 76
Section (i) Job Bidding 78
Section (j) Training for Vacancy Not
Filled by Bidding 81
Section (k) Transfer to Other Mines
of Employer 82
Section (1) Leave of Absence 84
Section (m) Permanent and Temporary
‘. Supervisors 84
Section (11) Shift Preference 85
Article XVIII—TONNAGE RATES AND
HAND LOADING 85
‘ Section (a) Tonnage Rates 85
Section (b) Checkweighmen 85
Section (c) Preparation and Cleaning
1 of Coal 87
5 Section (d) Delivery of Cars 88
)' Section (e) Explosives 88
Section (f) Bottom Coal 88
Section (g) Cutting Coal 89
Section (h) Blacksmithing 89
Section (i) Rockdusting 89
Section (j) Day Men Transferred 89
Article XIX—CLASSIFICATION 89
Section (a) Working in Classification. 89
Section (b) Classification Requirement 89
Section (c) Temporary Assignments... 90
Section (d) Protection Against
Discrimination 90
Section (e) Compensation for Tem-
porary Assignments 90
Article XX—IIEALTH AND RETIRE-
MENT BENEFITS 91
Section (a) General Purpose 91
Section (b) 1950 Plans and Trusts 93
Section (c) 1974 Plans and Trusts 93
Section (d) Contributions by Em-
ployers 96
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Section (e) Responsibilities and Duties .
of Trustees 106 .
Section (f) Audits, Reports and ;
Notices 109 .
Section (g) Administration of Trusts..- 111 ,
Section (h) Guarantee of 1950 Plans j
and Trusts and 1974 |
Plans and Trusts 113 ‘:
GENERAL DESCRIPTION OF THE [
HEALTH AND RETIREMENT ,
BENEFITS 114 l
(1) Pensions for Miners Retired Under i
the 1950 Pension Plan 115 l
(2) Pensions for Miners Who Retired 1
Under the 1974 Pension Plan i
Prior to the Effective Date of I
This Agreement 116 l
(3) Pensions for Miners Who Retire on
or After the Effective Date of
This Agreement 117 l
(4) Signatory Service 118 l
(5) Pensions for Disabled Miners 119 '
(6) Pensions for Surviving Spouses 120 ,
(7) Deferred Vested Pension 121 i
(8) Life and Accidental Death and Dis- E
memberment Benefits 121 l
(9) Pensioner’s Death Benefits 123 z
(10) Health Care 123 ,
(11) Vision Care 127 l
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Article XXI—SURFACE MINES 129 }
Section (a) Parking Areas 129
Section (b) Manning of Surface
Mining Equipment 130 El
Section (c) Eating Place 132 ;
Section (d) Cabs 133 1
Section (e) Special Health and Safety i
Problems in Surface
Mines 133 1,
Section (f) Toilets 135 l
Section (g) Swing Shift 135 1,
Section (h) Leasing of Employees’ ;
Vehicles 135 j
Section (1) Production and Processing 1
of Coal at Surface Mines 136 i
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Article XXII—MISCELLANEOUS 136 '
Section (a) Bathhouse 136
Section (b) Access Roads 137
Section (c) Parking Facilities 137
Section (d) Bulletin Boards 137
Section (e) Coke and Cleaning Plants 137
Section (f) Compulsory Retirement 138
Section (g) House Coal 138
Section (h) House Rent 138 I
Section (i) Irregular Work 138 I
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Section (3‘) Memorial Periods 138
Section (k) Closing Following Fatal
Accident 139
Section (1) New Machinery 139
Section (m) Pay Day 140
Section (n) Lunches 140
Section (0) Portals 141
Section (p) Tools 141
. Section (q) Tramming 141
Section (r) Local Union Meeting
Place 141
, Section (5) Federal Mine Safety and
Health Act 141
Section (t) Bonus Plans 142
Article XXIII—SETTLEMENT OF
DISPUTES 144
Section (a) Mine Committee 144
Section (b) District Arbitrators 145
Section (c) Grievance Procedure 147
Section ((1) Ten Day Limitation 150
Section (e) Earnest Effort to Resolve
i Disputes 151
‘ Section (f) Employee’s Right to
Presence of Member of
Mine Committee 151
Section (g) Right of Grievant to be
. Present 151
Section (h) Finality of Decision or
Settlement 152
Section (i) Exclusion of Legal
: Counsel 152
L Section (j) Waiver of Time Limits 152
Section (k) Prior Agreement 152
Article XXIV—DISCHARGE
PROCEDURE 153
Section (a) Just Cause Required 153
Section (b) Procedure 153
Section (c) Suspension 154
Section ((1) Immediate Arbitration 154
Section (e) Regular Arbitration 155
Section (f) Compensation for Lost
Earnings 155
Article XXV—DISCRIMINATION
Article XXVI—BiS‘i‘RICT
Section (a) New Districts 1 156
Section (vb) Prior Practice and
Section (c) Protective Wage Clause 157
Section (d) Approval of District
Agreements 157
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Article XXVII—MAINTAIN INTEGRITY ‘
OF CONTRACT AND RESORT TO ‘
Article XXVIII—SEVERABILITY 1
Section (a) General Rule 158 !
Section (b) Exception 158 E
Article XXIX—RATIFICATION AND ‘,
TERMINATION OF THIS \
AGREEMENT 159 l
Memorandum of Understanding— i
Continuance of Arbitration Review ‘5
Board 161 ;
Letter Regarding Article XX, ‘5
Section (e) (5) 164
UMWA BARGAINING COUNCIL 165 ‘,
a
BCOA MEMBERSHIP 167 _'
Pension Table 172 3
Appendix A—Part I
Rates—Underground at Deep Mines 173 j
k
Appendix A—Part II
Rates—Strip and Auger Mines 174 ‘5
Appendix A—Part III ‘
Rates—Preparation Plants and Other 15
Surface Facilities for Deep or Surface “
Mines 175 f
Appendix B—I’art I '
Classification—Underground at Deep
Mines 176 ‘
Appendix B-—-Part II ;
Classification—Strip and Auger Mines 185 5
Appendix B—Part III
Classification—Preparation Plants and 5
Other Surface Facilities for Deep or
Surface Mines 192 4‘
Index 201 i
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ix 5

 l
NATIONAL BITUMINOUS COAL
WAGE AGREEMENT OF 1974
Effective March 27. 1978 -
Article I—ENABLING CLAUSE 3
THIS AGREEMENT made this 25th 3
day of March, 1978, between the coal 1
operators and associations signatory l
hereto, as parties of the first part (each
coal operator which is a signatory here- I
to being called “Employer”) and the In- 3
ternational Union, United Mine Workers ;
of America (hereinafter called “Un-
ion”), on behalf of each member there— i
of, as party of the second part, covers ll
all of the bituminous coal mines owned
or operated by said'first parties. This ‘g
Agreement carries forward and pre- :3
serves the terms and conditions of all I
the various District agreements execut- I
ed between the United Mine Workers of
America and the various operators and 3
coal associations subject to the terms I;
and conditions of this Agreement and as
amended, modified and supplemented by i
this Agreement as herein set out. ‘
This Agreement shall be binding upon
all signatories hereto, including those ‘
Employers which are members of signa-
tory associations, and their successors 3.
and assigns. In consideration of the Un- 3
ion’s execution of this Agreement, each
Employer promises that its operations ‘
covered by this Agreement shall not be 3
sold, conveyed, or otherwise transferred i
or assigned to any successor without I
first securing the agreement of the suc-
cessor to assume the Employer’s obliga—
tions under this Agreement. Provided 13
that the Employer shall not be a guar- 3
1 .

 Art. I
antor or be held liable for any breach by .
the successor or assignee of its obliga-
tions, and the UMWA will look exclu— A
sively to the successor or assignee for
5 compliance with the terms of this
Agreement. 1
; WITNESSETH: It is agreed that this ;
‘ contract is for the exclusive joint use 5
; and benefit of the contracting parties, .‘
as defined and set forth in this Agree- :
ment. It is agreed that the United Mine 7
Workers of America is recognized here- 5
in as the exclusive bargaining agency '
representing the Employees of the par— ‘
ties of the first part. It is further
agreed that as a condition of employ- ‘
\ ment all Employees shall be, or become,
- members of the United Mine Workers
of America, to the extent and in the
manner permitted by law, except in
\ those exempted classifications of. em-
‘ ployment as hereinafter provided in this
. Agreement. This provision does not
i change the rules or practices of the in-
, dustry pertaining to management. The
* Mine Workers intend no intrusion upon
the rights of management as heretofore
practiced and understood. It is the in-
tent and purpose of the parties hereto
that this Agreement will promote and
improve industrial and economic rela-
tionships in the bituminous coal indus-
try and to set forth herein the basic
agreements covering rates of pay, hours
of work and conditions of employment
to be observed between the parties, and
shall cover the employment of persons
employed in the bituminous coal mines
covered by this Agreement. Manage-
ment will not abridge the rights of the
Employees as set forth in this Agree-
ment.
2

 Article IA—SCOPE AND COVERAGE
Section (at) Work Jurisdiction

The production of coal, including re—
moval of overburden and coal waste, :
preparation, processing and cleaning of
coal and transportation of coal (except *
by waterway or rail not owned by Em—
ployer), repair and maintenance work i
normally performed at the mine site or T
at a central shop of the Employer and I
maintenance 0 f gob piles and mine l3
roads, and work customarily related to 1
all of the above shall be performed by .3
classified Employees of the Employer 3
covered by and in accordance with the
terms of this Agreement. Contracting, 3
subcontracting, leasing and subleasing, ‘3
and construction work, as defined here- ’I
in, will be conducted in accordance with
the provisions of this Article. 3

Nothing in this section will be con-
strued to diminish the jurisdiction, ex- 3
press or implied, of the United Mine
Workers. 3'
Section (b) Exemptions Clause

It is the intention of this Agreement ‘
to reserve to the Employers and except
from this Agreement an adequate force 3
of supervisory employees to effectively 3
conduct the safe and efiicient operation .
of the mines and at the same time, to
provide against the abuse of such ex-
emptions by excepting more such em- .
ployees than are reasonably required for ‘
that purpose. 3

Coal inspectors and weigh bosses at .
mines where men are paid by the ton, 3
watchmen, clerks, engineering and tech- 1
nical forces of the Employer, working at 3

3

 Art. IA
or from a district or local mine office, 1
are exempt from this Agreement. 1
All other Employees working in or 1
about the mine shall be included in this 1
Agreement except essential supervisors
in fact such as mine foremen, assistant A
y mine foremen Who, in the usual per-
formance of their duties, may make ex-
aminations for gas as prescribed by law, ‘
E and such other supervisors as are in 3
charge of any class of labor inside or ‘
outside of the mines and who perform
no production work. .
The Union Will not seek to organize or
ask recognition for such excepted super- .
visory employees during the life of this ;
contract.
‘. The Employers shall not use this pro- ‘
vision to exempt from the provisions of ‘
this Agreement as supervisors, more i
men than are necessary for the safe and .
3 efficient operation of the mine, taking .
into consideration the area covered by
3 the workings, roof conditions, drainage .
E conditions, explosion hazards, and the
. ability of supervisors, due to thickness
of the seam, to make the essential num—
ber of visits to the working faces as re-
quired by law and safety regulations.
Section (0) Supervisors Shall Not Per-
form Classified Work
Supervisory employees shall perform
no classified W o r k covered by this
Agreement except in emergencies and
except if such work is necessary for the
purpose of training or instructing clas—
sified Employees. When a dispute arises
under this section, it shall be adj udicat-
ed through the grievance machinery
and in such proceedings the following
4

 Art. IA
rule will apply: the burden is on the '
Employer to prove that classified work
has not been performed by supervisory
personnel. .
Section (d) Management of the Mines 1:
The management of the mine, the '1’
direction of the working force and the u
right to hire and discharge are vested "’
exclusively in the Employer. ,
jl
Section (e) Union’s Rights '1
‘l
Authorized representatives of the Un- 5
ion shall be permitted reasonable access j;
to the mine property to insure compli— ii
ance with this Agreement. The Employ- .
er shall provide candidates for Union 3
office reasonable opportunity to cam-
paign among his Employees during i
their nonworking hours and in non— 3'
working areas, provided there is no in— 7;
terference with production. The Em- "
ployer further agrees to provide to the jg'
extent practicable, space on mine prop-
erty for the holding of Union elections 5]t
and the ratification of collective bar- j
gaining agreements.
Section (f) Application of This Con- '
tract to the Employer’s Coal Lands ‘
As part of the consideration for this
Agreement, the Employers agree that
this Agreement covers the operation of .
all the coal lands, coal producing and
coal preparation facilities owned or held ,
under lease by them, or any of them, or ‘
by any subsidiary or affiliate at the date I
of this Agreement, or acquired during
its term which may hereafter (during
5

 Art. IA

the term of this Agreement) be put into
production or use.

Section (9) Contracting and Subcon-
tracting

(1) Transportation of Coal—The

. transportation of coal as defined in par-

' agraph (a) may be contracted out only

. to a contractor employing members of
the UMWA under this Agreement and
only where contracting out such work is
consistent with the prior practice and
custom of the Employer.

(2) Repair and Maintenance Work——
Repair and maintenance work customar-
ily performed by classified Employees at
the mine or central shop shall not be

i contracted out except (a) where the
work is being performed by a manufac-
turer or supplier under warranty, or (b)
where the Employer does not have

i available equipment or regular Employ-

, ees with necessary skills available to

: perform the work at the mine or central

L; shop, provided, however, that the work
shall be performed by UMWA members
to the extent and in the manner permit-
ted by law.

(3) The Employer may not contract
out the rough grading in mine reclama-
tion work.

Section (h) Leasing, Subleasing and
Licensing Out of Coal Lands

The Employers agree that they will
not lease, sublease or license out any
coal lands, coal producing or coal prepa-
ration facilities where the purpose
thereof is to avoid the application of
this Agreement or any section, para-
graph or clause thereof.

6

 Art. II .
Licensing out of coal mining opera-
tions on coal lands owned or held under :
lease or sublease by any signatory oper- 1
ator hereto shall not be permitted un- 1
less the work involved is performed by 51
members of the United Mine Workers 1
of America in the manner and to the ex— »|
tent permitted by law and that the li-
censing out does not cause or result in 1
the layoff of Employees of the Employ— ;
er: provided, however, that either the 1
licensor or licensee, lessee or sublessee 1
makes the appropriate payments provid- 1
ed by this Agreement to the United 111
Mine Workers of America Health and :1
Retirement Fund and otherwise abide 1
by the terms of the Agreement.
Section (2') Construction Work f“?
All construction of mine or mine re- 1;,
lated facilities including the erection of
mine tipples and sinking of mine shafts :11
or slopes which is not performed by the :1
Employer, may be performed by such f"_‘,"'
outside contractors as are designated by ’“j
the Employer, and such work will be un-
der the jurisdiction of the United Mine ’
Workers of America in the manner and
to the extent permitted by law. I
Article II—INDUSTRY
DEVELOPMENT ' 7
Joint UMWA-Industry
,Develepment Committee
The parties recognize that the need ’
exists to improve the labor relations and ,
productivity in the nation’s coal izndus- ‘
try and With this goal .in mind, agree as 3
follows: 1 ‘
(1) There shall be established a Joint '
7

 Art. II

UMWA-Industry Development Commit-
tee (the “Committee”), consisting of
three UMWA appointees, and three in—
dustry appointees; however, none of
these appointees shall be any of the fol-
lowing:

. A. UMWA International Officers—

President, Vice President, and

. Secretary-Treasurer.

B. BCOA President, Vice Presidents,
and members of the BCOA Execu-
tive Committee.

C. Presidents of Companies.

The UMWA and Industry appointees
will be appointed within 15 days of the
date of this Agreement, and the first

\ meeting of the Committee will be held
no later than 30 days from the date of
this Agreement. Thereafter, the Com—
mittee must meet at least once in every

‘ two—month period. Any vacancy on the

‘ Committee will be filled within 30 days

, from the date of this vacancy.

L. (2) The Committee shall have the au—
thority to hire consultants, investiga-
tors, researchers, lawyers, economists
and others to assist in their work.

(3) The UMWA and BCOA shall gen-
erally direct the Committee activities
and the Committee shall consult with
the BCOA and the UMWA on a regular
basis, and regularly report to the
UMWA and the BCOA of its findings,
recommendations and conclusions. The
UMWA and the BCOA agree to give the
Committee its full cooperation and as-
sistance.

(4) The Committee shall, after con—
sultation with the BCOA and UMWA,
have the authority to appoint subcom-
mittees on various topics. The Commit—

8

 Art. II
tee will coordinate these subcommittees, .
and their activities. ,

(5) The Committee shall have a year— i
ly budget divided equally between the
UMWA and BCOA but such budgets
will not be less than $50,000 per year
and no higher than $100,000 per year. ..
Each party will be responsible for the
salaries and expenses of its own ap—
pointees and subcommittee members.

(6) The issues which the Committee E
will research, explore and report upon 1'1
during the first 12 months of the Agree- 3
ment will include, but not be limited to, E
the following:

A. Labor Relations

The Committee shall (i) review i
the manner in which the griev- iiE
ance procedure is being applied by E?
the parties and its effectiveness in Eff
the resolution of disputes; (ii)
consider methods by which labor
relations education may be im-
proved; and (iii) examine the
means by which unauthorized .
work stoppages may be eliminat- E
ed. .

B. Productivity '

The Committee shall meet and dis—
cuss low productivity problems at .
coal mines and possible solutions '
to such problems. Low productivi- ‘
ty is a serious matter and the par-
ties recognize that improvement 4
in this area will benefit both par- E
ties. The Committee may visit ,
mines of the Employers for the 'j
purpose of studying work prac- E
tices, safety standards, and other
factors which affect productivity.
9 .

 Art. III

(7) The Committee will report its
findings and recommendations to the
parties, in writing, every six months
during the term of this Agreement.

Article III—HEALTH AND SAFETY
Section (a) Right to a Safe Working

. Place

Every Employee covered by this
Agreement is entitled to a safe and
healthful place to work, and the parties
jointly pledge their individual and joint
efforts to attain and maintain this
objective. Recognizing that the health
and safety of the Employees covered by

‘. this Agreement are the highest priori-
ties of the parties, the parties agree to
comply fully with all lawful notices and
orders issued pursuant to the Federal

' Coal Mine Health and Safety Act of
1969, as amended, and pursuant to the

5 various state mining laws.

w Section (b) Federal Coal Mine Health
and Safety Act of 1969

The parties to this contract, finding
themselves in complete accord with the
FINDINGS AND PURPOSE declared
by the United States Congress in sec-
tion 2 of the Federal Coal Mine Health
and Safety Act of 1969 do hereby affirm
and subscribe to the principles as set
forth in such section 2 of the Act.

(1) In consequence of this affirmation
the parties not only accept their several
responsibilities, obligations and duties
imposed by the Federal Coal Mine
Health and Safety Act, but freely re-
solve to cooperate among each other and

10

 Art. III .
with the responsible officials of federal ‘
and state governments in determined l
efforts to achieve greatly improved per-
formance in coal mine health and safe-
ty. 3

(2) Neither party waives nor repu-
diates any administrative, procedural,
legislative, or judicial rights under or
relating to the Federal Coal Mine
Health and Safety Act of 1969. .
Section ( c ) Joint Industry Health and '
Safety Committee 13‘
ill
There shall be a Joint Industry it
Health and Safety Committee composed it
of six members, three to be appointed f-
by the Union, one of whom shall have t
Special knowledge and expertise in coal LE
mine health matters, and three to be ap- ',
pointed by the Employers, one of whom
shall have special knowledge and exper— 1‘
tise in coal mine health matters. The
Committee shall consult with the Min-
ing Enforcement and Safety Adminis—
tration and/or representatives of the
Secretary of Health, Education and 1
Welfare, looking toward review and ap-
propriate development and revision of
improved mandatory health and safety
standards as provided in section 101 of
the Federal Coal Mine Health and Safe-
ty Act. The Committee may also seek .
such joint consultations with the Min-
ing Enforcement and Safety Adminis-
tration for discussion of the technical ‘
aspects of petitions by the Employer or
the Union as provided in section 301 (c) l
of the Act. Where agreed by the par- i
ties, the Committee may meet to discuss ;
health and safety matters of importance l
to the coal industry. l
11 j

 Art. III
Section (d) Mine Health and Safety
Committee

(1) At each mine there shall be a
Mine Health and Safety Committee
made up of miners employed at the
mine who are qualified by mining expe-

' rience or training and selected by the lo-
cal union. The local union shall inform

‘ the Employer of the names of the Com-
mittee members. The Committee at all
times shall be deemed to be acting with-
in the scope of their employment in the
mine within the meaning of the applica-
ble workmen’s compensation law.

(2) The Union and Employer shall
jointly establish and fund a course of

‘. health and safety training for members
of the Mine Health and Safety Commit-
tee, which is designed to improve health
and safety knowledge and skills. The

' Mine Health and Safety Committee
shall participate in and shall be paid at
their regular rates of pay by the Em-

ployer for attendance at training ses-

sions. The training program will be es-
tablished by the Joint Industry Train-
ing Committee.

(3) The Mine Health and Safety
Committee may inspect any portion of a
mine and surface installations, dams or
waste impoundments and gob piles con—
nected therewith. If the Committee be-
lieves conditions found endanger the
lives and bodies of the Employees, it
shall report its findings and recommen-
dations to the Employer. In those spe-
cial instances where the Committee be—
lieves that an imminent danger exists
and the Committee recommends that
the Employer remove all Employees
from the involved area, the Employer is

12

 Art. III
required to follow the Committee’s rec- .
ommendation and remove the Employ- '
ees from the involved area immediately. 5
The Mine Health and Safety Commit-
tee shall, when engaged in its official du- a;
ties as herein provided, be furnished
transportation at the mine. .
(4) The Committee shall give suffi- .
cient advance notice of an intended 3‘
inspection to allow a representative of .ji
the Employer to accompany the Com- ,2
mittee. If the Employer does not choose it
to participate, the Committee may make ll
its inspection alone. ll
(5) If the Mine Health and Safety l
Committee in closing down an area of ,
the mine acts arbitrarily and capricious— T"
ly, a member or members of such Com-
mittee may be removed from the Com— 9;
mittee. An Employer seeking to remove J!
a Committee member shall so notify the 3%
affected Committeeman and the other
members of the Mine Health and Safety i
Committee. If the Committee objects to ’
such removal, the matter shall be sub- '
mitted directly to arbitration within 15 !
days. If the other members of the Com- 5
mittee so determine, the affected mem-
ber shall remain on the Committee until
the case is submitted to and decided by ;
the appropriate panel arbitrator. If the
Employer requests removal of the en— ‘
tire Committee, the matter automatical-
ly shall be submitted to arbitration and
the Committee will continue to serve
until the case is submitted to and decid- .
e d by the arbitrator. A Committee ‘
member shall not be suspended or diS- ,
charged for his ofl‘icial actions as a Com- 3
mittee member. 3
13

 Art. III

(6) Mine management and the Mine
Health an d Safety Committee shall
meet monthly at times arranged by the
parties for the purpose of reviewing
mine accident prevention efforts, dis-
cussing mine accidents and resolving
health and safety problems at the mine.

‘ Special meetings may be called by either
party for the purpose of resolving safe-
ty matters.

(7) The Employer shall be responsi-
ble for paying Committee members for
the performance of the following du-
ties:

(i) Inspecting the entire mine and
surface installations connected there—

\ with with management on a regular
basis mutually agreed upon by the

Employer and the Committee, but in

no case any less often than every

three months. The Employer shall be
responsible for paying each Commit-
teeman one shift at his regular rate
; _ of pay once in every three-month pe—
t: riod for performance of his duties un-
der this paragraph.

(ii) Committee members shall be
paid at their regular straight time
rate of pay for up to two hours for
time spent in joint monthly meetings
with the Employer provided for in
paragraph ( 6).

(iii) Investigating explosions
and/or disasters including any mine
fatality.

Section (6) Access to the Mine

In recognition of the UMWA’s con-
cern with health and safety in the coal
mines, Union officials as described below
and any authorized representative of

14

 Art. 111 ,
the UMWA Safety Division or Depart—
ment of Occupational Health, without
interfering with the Mine Health and
Safety Committee and the Mine Com- ‘
mittee in the performance of their du- *7
ties, shall be granted access to the
mines on the following conditions: i»
(1) Subject to the routine check—in 1
and check-out procedures at the mine,
the officers of the International Union, jj
the District President of the District in- '1
volved, and authorized representatives i!
of the International Union’s Safety Di- it,
vision and Department of Occupational 1‘
Health shall be afforded the opportunity
to visit a mine to consult with manage- ii
ment or the Mine Health and Safety ;;
Committee and to enter the mine at the
request of either management or the
Mine Health and Safety Committee. {‘1
(2) If the Mine Health and Safety 5
Committee calls in such representatives ffi'i
to meet with mine management to dis—
cuss health or safety problems, mine
management shall have the right to be .
represented by its own health or safety '
representative. Where application of a
federal or state law or regulation is in— E
volved, either management or the au- i
thorized Union representative may in- ?
Vite federal or state inspectors to par— '
ticipate. .
(3) Representatives authorized by
the International Union may accompany
state or federal coal mine inspectors in— ‘
vestigating any fatal or serious nonfatal
accident, ignition, mine fire or mine ex— i
plosion. =
(4) The President, Vice President ?
and Secretary-Treasurer of the UMWA ;
International Union shall be granted the 5
15

 Art. III
right to visit any and all mines covered
by this Agreement at any time.

(5) The provisions of this section are
in no way intended to impair or to
waive any statutory rights under feder-
al or s