xt7wpz51k67k https://exploreuk.uky.edu/dips/xt7wpz51k67k/data/mets.xml   1947 1948 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 1947: Effective July 1, 1947 to June 30, 1948 text National Bituminous Coal Wage Agreement of 1947: Effective July 1, 1947 to June 30, 1948 1947 2019 true xt7wpz51k67k section xt7wpz51k67k 5' 'mf'ri‘. Wemecsets.nF-vvr“fi“m'i’rfis"’im"‘3‘”’""z‘w‘e”“»“2““"11‘*“HV“(Lia-2‘frail?"3-.3"7‘?'2'k'%""":~'"v"? ‘--‘}- 41'“ ' r'v'r'l': ": 'i Tillie-.‘LF-‘yz: a»: ~ 1 - i ' _
. .125”, .. it“s ...." .. m. .,P”‘-"“"— .. [fix ,., ..H Egg/327' ‘
~._ fl.u€"1\s~, . «N n3 3:; v' , 6’“ ,, - (6'3. . 4-, «__. “riv- 11} i
lanai Estimating seal Liege greenest e w
EFFECTIVE JULY 1, 1947, T0 JUNE 30, 1948 '
- EXECUTED'AT WASHINGTON, D. 0., JULY 8, 1947 ’
' THIS AGREEMENT, made this 7th day of July, 1947, by and between the coal operators and asso-
ciations signatory hereto hereinafter referred to as Operators, parties of the first part, and the Inter-
national Union, United Mine Workers of America, hereinafter referred to as Mine Workers, on behalf
of each member thereof, party of the second part, covering all of the bituminous coal mines owned or ‘
. operated by said first parties, amends, modifies and supplements previous agreements as herein provided.
This Agreement (subject to the amendments, modifications and supplements as hereinafter provided)
carries forward and preserves the terms and conditions of ' the Appalachian Joint Wage Agreement
(dated June 19, 1941), effective April 1, 1941, to March 31, 1943, the Supplemental Six-Day Work Week
Agreement, the National Bituminous Coal Wage Agreement (dated April 11, 1945), effective April 1, '
1945, and all the various District Agreements executed between the United Mine Workers of America i
and the various Operators and Coal Associations (based upon the aforesaid basic agreements) as they 5
existed on March 31, 1946, subject to the terms and conditions of this Agreement and as amended, . 1
modified and supplemented by this Agreement as herein set out. _ :
WITNESSETH: It is agreed that this contract is for the exclusive joint use and benefit of the con
tracting parties, as defined and set forth in this Agreement. It is agreed that the United Mine Workers :‘
‘ of America is recognized herein as the exclusive bargaining agency representing the employees of the i‘
. parties of the first part. It is further agreed that as a condition of employment all employees shall be, 1'
or become, members of the United Mine Workers of America, except in those exempted classifications of 1:
employment as hereinafter provided in this Agreement. This provision does not change the rules or ;
practices of the industry pertaining to management. The Mine Workers intend no intrusion upon the i
rights of management as heretofore practiced and understood. It is the intent and purpose of the par— ‘
ties hereto that this Agreement will promote and improve industrial and economic relationship in the Q
bituminous coal industry 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 j
of persons employed in the bituminous coal mines covered by this Agreement during such time as such _
persons are able and willing to work. '
' ’
' e
. EXEMPTIONS UNDER THIS AGREEMENT 1’
It is the intention of this Agreement to reserve to management and except from this Agreement an ‘i l
adequate force of supervisory employees to effectively conduct the safe and efficient operation of the , i1“
mines and at the same time, to provide against the abuse of such exemptions by excepting more such em- l i
ployees than are reasonably required for that purpose. I};
, Coal Inspectors and Weigh Bosses at mines where men are paid by the ten, Watchmen, Clerks, Engi- ”1
‘ neering and Technical forces of the Operator, working at or from a District or local mine office, are i‘;
exempted from this Agreement. . . _
All other employees Working in or about the mines shall be included in this Agreement except essen- {1
tial supervisors in fact such as: Mine Foremen, Assistant Mine Foremen who, in the usual performance 1*,
of their duties, may make examinations for gas as prescribed by law, and such other supervisors as are i
in charge of any class of labor inside or outside of the mines and who perform no production work. 1‘:
V The Union will not seek to organize or ask recognition for such excepted supervisory employees dur- l
- ing the life of this contract. . . » i 3
The Operators shall not use this provision to exempt from the provisions of this Agreement as super- _ ii
visors, more men than are necessary for the safe and efficient operation of the mine, taking into consid- ll;
eration the area covered by the workings, roof conditions, drainage conditions, explosion hazards, and
the ability of supervisors, due to thickness of the seam, to make the essential number of visits to the N
working faces as required by law and safety regulations. ~ it:
- Disputes arising under this section shall be referred to a Joint Board of Review consisting of two ;',
. representatives of the Union and two representatives of the Operators whose decision shall be final and I
binding on the parties. . ' ‘
‘ 1 ’ z i
, . E x5\ I C» 11 T . ,l
\ W I

 MIS-PAGINATICN
TH RUGHUT
VOLUME

 MINE SAFETY PROGRAM ' l
l;
(a) Mine Safety Code t
‘ " The Federal Mine Safety Code for bituminous coal and lignite mines of the United States, adopted ‘i
pursuant to an agreement dated May 29, 1946, between the Secretary of the Interior and the President 1.
of the United Mine Workers of America and promulgated July 24, 1946,.is hereby adopted and incorpo-
rated by reference in this contract as a code for health and safety in bituminous and lignite mines of the
parties of the first part, with the following exceptions and alterations:
(1) The opening paragraph beginning with the words “pursuant to” and ending with the words 1
“Executive Order” is stricken out. . ‘ _
(2) The words “Coal Mines Administrator” are stricken out wherever they appear. .
(3) Sections 5(a) and 5(b) of Article XII and all of Article XIV are stricken out. ' '
(4) References in the Code to its effective date shall be deemed to refer to the effective date of j
this contract. -
I (6) Enforcement ' i
(1) Reports of Federal Coal Mines Inspectors:——Wherever Inspectors of the Federal Bureau of Mines,
in making their inspections in accordance with authority as provided in Public Law 49, ’77th Congress,

' find that there are violations of this Code and make recommendations for the elimination of such non— l
compliance, the Operators shall promptly comply with such recommendations, except as modified in par- 3
agraph two of this subdivision (b). . E

‘ (2) Whenever either party to the contract feels that compliance with the recommendations of the 3
Federal Mine Inspectors as provided above would cause irreparable damage or great injustice, they may !
appeal such recommendation to the Joint Board of Review as hereinafter provided. _ . t

' ' (c) Review and Revision _ »

In order to carry out the intent and purposes of the agreement affecting the Mine Safety Code, it is 3
agreed that from time to time joint consultations shall be had with the U. S. Bureau of Mines looking , ,
toward review and appropriate revision of the Mine Safety Code. . j ;

' ((1) Joint Industry Safety Committee . ‘ - ll

There is hereby established under this Agreement a Joint Industry Safety Committee composed of It

four members, two of whom will be appointed by the Mine Workers and two of whom will be appointed 3
by the Operators, whose duty it shall be to (1) arbitrate any appeal which is filed with it by any Opera-
tor or any Mine Worker who feels that any reported violation of the Code and recommendation of com- 3 '
pliance by a Federal Coal Mine Inspector has not been justly reported or that the action required of 1
him to correct the violation would subject him to irreparable damage or great injustice; and (2) to con— ;
suit with the U. S. Bureau of Mines in accordance with the provisions of Section (c) above. ‘

(e) Mine Safety Committee ' - . S

At each mine there shall be a Mine Safety Committee selected by the Local Union. The Committee 1‘
Members while engaged in the performance of their duties shall be paid by the Union, but shall be ;i
deemed to be acting within the scope of their employment: in the mine within the meaning of the Work— 3*
' men’s Compensation Law of the state where such duties are performed. ' i‘
- The Mine Safety Committee may inspect any mine development or equipment used in producing coal. ‘ 3,;

If the Committee believes conditions found endanger the life and bodies of the mine workers, it shall report ;

its finding and recommendations to the management. In those special instances where the Committee ~ ‘i

believe an immediate danger exists and the Committee recommends that the management remove all {ii

‘ mine workers from the unsafe area, the Operator is required to follow the recommendation of the Com- i

mittee. - i!

If the Safety Committee in closing down an unsafe area acts arbitrarily and capriciously, members ,5

of such Committee may be removed from the Committee. Grievances that may arise as a result of a re- l

quest for removal of a member of the Safety Committee under this section shall be handled in accord- {it

' ancewith the provisions providing for settlement of disputes. Iii

The Safety Committee and Operators shall maintain such records concerning inspections, findings,
recommendations, and actions relating to this provision of the Agreement as may be required, and copies ;;

Of all reports made by the Safety Committee shall be filed with the Operators. ii

(I) The International Union, United Mine Workers of America, may designate memorial periods pro— i

vided it shall give proper notice to each district. ' ,. f

2 ' 1

 - WORKMEN’S COMPENSATION AND OCCUPATIONAL DISEASES I
" '< IEaeh Operator who is a party to this Agreement will provide the protection and coverage of the ben- I
cfits under Workmcn’s Compensation and Occupational Disease Laws, whether compulsory or elective, I
existing in the states in which the respective employees are employed. Refusal of any Operator to carry I
out this direction shall be deemed a violation of this Agreement. Notice of compliance with this section

shall be posted at the mine. »

I United Mine Workers of America ,
WELFARE AND RETIREMENT FUND , -

A. It is hereby stipulated and agreed by the contracting parties hereto that there is hereby created
a Fund to be designated and known as the “United Mine Workers of America Welfare and Retirement
Fund.” During the life of this Agreement, there shall be paid into such Fund by each Operator signa-
tory hereto the sum of ten cents (10c) per ton of two thousand (2,000) pounds on each ton of coal pro-
duced for use or for sale. Such Fund shall have its place of business in Washington, District of Colum-
bia, and it shall be operated by a Board of Trustees, one of whom shall be appointed as a representative
of the Employers, one of whom shall be appointed as a representative of the United Mine Workers of I
America, and one of whom shall be a neutral party selected by the other two. In the event of resigna~ ,
tion, death, inability or unwillingness to serve of the Trustee appointed by the Operators or the Trustee I
appointed by the United Mine Workers of America, the Operators shall appoint the successor of the 1
Trustee originally appointed by them and the United Mine Workers of America shall appoint the suc- I‘
cessor of the Trustee originally appointed by it. I

The Operators signatory hereto do hereby appoint Ezra Van Horn of Cleveland, Ohio, as their rep-
resentative on said Board of Trustees. The United Mine Workers of America do hereby appoint John

_ L. Lewis of Washington, D. C., as its representative on said Board of Trustees. It is further stipulated .=
and agreed by the joint contracting parties that the aforesaid two Trustees shall with all dispatch desig-
hate and name a third and neutral Trustee. Said three Trustees so named and designated shall constitute ' I:
the Board of Trustees to administer the Fund herein created.

In the event of a deadlock on the designation or agreement as to the neutral Trustee, or any future (I
neutral Trustee, an impartial umpire shall be selected either by agreement of the two Trustees, repre- I
sentatives of the contracting parties hereto, or by petition by either of the contracting parties hereto to
the United States District Court for the District of Columbia for the appointment of such an impartial , i
umpire, all as made and provided in section 302 (c) of the “Labor-Management Relations Act, 1947.”

It is agreed by the contracting parties hereto that the 'l‘rustees herein provided for shall serve for I .
the duration of this contract and as long thereafter as the proper continuation and administration of: I
said trust shall require. I

It is agreed that this Fund is an irrevocable trust created pursuant to Section 302 (c) of the “Labor- I
Management Relations Act, 1947,” and shall endure as long as the purposes for its creation shall exist. i
Said purposes shall be to make payments from principal or income or both, of (1) benefits to employees 1
of said Operators, their families and dependents for medical or hospital care, pensions on retirement or I
death of employees, compensation for injuries or illness resulting from occupational activity or insurm II
ance to provide any of the foregoing, or life insurance, disability and sickness insurance or acCident I I
insurance; (2) benefits with respect to wage loss not otherwise compensated for at all or adequately by I
tax supported agencies created by federal or state law; (3) benefits on account of sickness, temporary I
disability, permanent disability, death or retirement; (4) benefits for any and all other purposes which
may be specified, provided for or permitted in Section 302 (c) of the “Labor-Management Relations ‘I
Act, 1947,” as agreed upon from time to time by the Trustees, including the making of any or all of the II
foregoing benefits applicable to the individual members of the United Mine Workers of America and II
their dependents; and (5) benefits for all other related welfare purposes as may be determined by the I II
Trustees within the scope of the provisions of the aforesaid "Labor-Management Relations Act, 1947." I;
Subject to the stated purposes of this Fund, the Trustees shall have full authority, within the terms and I
provisions of the “Labor—Management Relations Act, 1947,” and other applicable law, with respect to I i
questions of coverage and eligibility, priorities among classes of benefits, amounts of benefits, methods I I
of providing or arranging for provisions for benefits, investment of trust funds, and all other related It
matters. . II

The aforesaid Trustees shall designate a portion (which may be changed from time to time) of the I
payments herein provided, based upon proper actuarial computations, as a separate fund to be adminis- I
tered by the said Trustees herein described and to be used for providing for pensions or annuities for II
the members of the United Mine Workers of America or their families or dependents and such other pcr- I
sons as may be properly included as beneficiaries thereunder. - , I

. 3 - I

 , mum-tua—cawvtumm—mmzw=r’i'mzwwr“:“*‘w '- ' . ‘
. E
, . ' It is further agreed that the detailed basis upon which payments from the Fund will be made shall E
be resolved in writing by the aforesaid Trustees at their initial meeting, or at the earliest practicable EE
date that may by them thereafter be agreed upon. ' EE
Title to all the moneys paid into said Fund shall be vested in and remain exclusively in the Trustees '..
of the Fund, and it is the intention of the parties hereto that said Fund shall constitute an irrevocable
trust and that no benefits or moneys payable from this Fund shall be subject in any manner to antici-
pation, alienation, sale, transfer, assignment, pledge, encumbrance or charge, and any attempt so to an-
ticipate, alienate, sell, transfer, assign, pledge, encumber or charge the same shall be void. The moneys '
to be paid into said Fund shall not constitute or be deemed wages due to the individual mine worker,
j nor shall said moneys in any manner be liable for or subject to the debts, contracts, liabilities or torts
of the parties entitled to such money, i.e., the beneficiaries of said Trust under the terms of this Agree-
ment.
The obligation to make payments to the “United Mine Workers of America Welfare and Retirement
Fund” under this contract shall become effective on July 1, 1947, and the first actual payments are to
. be made on August 20, 1947, and thereafter continuously on the 20th day of each succeeding calendar
month covering the production of all coal for use or sale during the preceding month.
It is stipulated and agreed by the contracting parties hereto that the Trustee designated by the United
' Mine Workers of America shall be the Chairman of the Trustees of the Fund provided for in this Agree— 1
' ment. . t
It shall be the duty of the Operators signatory hereto, and each of them, to keep said payments due E
said Fund, as hereinabove described and provided for, current and to furnish to the United Mine Work- E
ers of America and to the Trustees hereinabove designated a monthly statement showing the full amount;
due hereunder for all coal produced for use or for sale from each of the several individual mines owned E
or operated by the said Operators signatory hereto. Payments to said Fund shall be made by check ‘
payable to “United Mine Workers of America Welfare and Retirement Fund” and shall be delivered E,
or mailed to the office of said Fund located at 907 Fifteenth Street, N. W., Washington, D. C., or as E
otherwise designated by the Trustees. ‘
It is stipulated and agreed by the contracting parties hereto that an annual audit of the Fund here— C
inabove described shall be made by competent authorities to be designated by the Trustees of said Fund. .
A statement of the results of such audit shall be made available for inspection of interested persons at "
the principal office of the Trust Fund and at such other places as may be designated by the Trustees. ‘
Failure of any Operator signatory hereto to make full and prompt payments to the “United Mine '
‘ Workers of America Welfare and Retirement Fund" in the manner and on the dates herein provided
shall, at the option of the United Mine Workers of America, be deemed a violation of this Agreement. }
This obligation of each Operator signatory hereto, which is several and not joint, to so pay such sums E
shall be a direct and continuing obligation of said Operator during the life of this Agreement and it shall " '
be deemed a violation of this Agreement if any mine to which this Agreement is applicable shall be sold, 4E
leased, sub-leased, assigned, or otherwise disposed of for the purpose of avoiding the obligation hereunder. 1E
Action which may be required hereunder by the Operators for the appointment of a successor Trus-
tee representing them, or which may be required in connection with any other matter hereunder, may ' .
be taken by those Operators who at the time are parties hereto, and authorization, approval, or ratifi—
' cation of Operators representing fifty-one percent (5192‘) or more of the coal produced for use or sale E
during the calendar year previous to that in which the action is taken shall be sufficient: and shall bind E E
all Operators. . .E
B. It is hereby stipulatedand agreed by the contracting parties with respect to the Fund created by ‘ E
Section 4(a) of the National Bituminous Coal Wage Agreement dated May 29, 1946' (commonly known .
as the Krug-Lewis Agreement), as follows: * E
(1) The Operators signatory hereto agree to make payments into said Fund on or before July EE
15, 1947, on account of all coal produced for use or sale up to and including June 30, 1947, with E
respect: to which payment has not heretofore been made, such payments to be on the basis hereto~ 'EE
fore made by said Operators under the provisions of the Krug-Lewis Agreement. iE
(2) The Operators signatory hereto hereby renounce and forever release any and all claim to ' E
or interest in payments made into said Fund. . E
(3) The Trustees appointed pursuant to this Agreement are hereby authorized and directed to E E
accept into the new trust fund hereby created and to devote for the purposes hereinabove specified EE
and enumerated, any and all trust funds remaining unexpended or unobligated in said trust fund EE
so created by Section 4(a) of the Krug-Lewis Agreement. ' EE
(4) The parties hereto agree that the best interest: of the beneficiaries of said trust fund would
- be’served by having all unexpended or unobligated funds therein transferred as above provided, '
. and agree that the Trustees thereof should transfer such funds to the new trust fund created by E
_ this Agreement. E
4 l‘ .

 " m m~wmuwurwmmramvt'“"‘:”r*v=:*:"*“mur ' -.. ',
' C. It is stipulated and agreed by and between the contracting parties that the moneys collected 1;
under Section 10 of the Krug-Lewis Agreement for the benefit of the Fund designated as “Medical and ' l?

' ‘ Hes'pital Fund” as provided for in Section 4 (b) of said Krug—Lewis Agreement shall be transferred to I
the Trustees of the “United Mine Workers of America Welfare and Retirement Fund” as established by ,5
this Agreement and said moneys shall be coordinated into the aforesaid Fund and be made subject to the t‘
stated purposes hereinabove set out. 2

It is stipulated, understood and agreed by the contracting parties hereto that present practices with
respect to wage deductions and their use for provision of medical, hospital and related services shall
continue during the term of this contract or until such earlier date or dates as may be agreed upon by _
the United Mine Workers of America and any Operator signatory hereto.

- - - D. It is the intent and purpose of the contracting parties hereto that full cooperation shall by each . _
of them be given to each other, the Trustees named under this Section and to all affected Mine Workers
to the eventual coordination and development of policies and working agreements necessary or advisable ,
for the effective operation of this Fund. .

‘ ' WAGES AND HOURS g

1. (a) For all inside employees a work day of eight hours from portal to portal is established, in-
cluding a staggered thirty minutes for lunch, and without any intermission or suspension of operations ,.
throughout the day. For inside day workersthese eight hours shall be paid for at straight time rate. 1‘
Overtime beyond eight hours per day and forty hours per week shall be paid for at time and one-half

, with no pyramiding of overtime. Straight time rates for inside day workers shall be the total daily nor-
» ' mal shift earnings for eight hours divided by eight (8) hours.

(b) For all outside employees except those covered in paragraph (c) hereof (including all strip mine .'
and coke oven employees), a work day of seven hours and fifteen minutes is established, including a > 3
staggered thirty minutes for lunch, and without any intermission or suspension of operations throughout ,
the day. These seven hours and fifteen minutes shall be paid for at straight time rate. Overtime be— l;
yond seven hours and fifteen minutes per day and thirty-six and one-quarter hours per week shall be P-
paid for at time and one-half with no pyramiding of overtime. Straight time earnings for outside day f
workers covered by this paragraph shall be the total daily normal shift earnings for seven hours and .
fifteen minutes divided by seven and one-quarter (7.25) hours. -

(c) For all outside continuous employees who are engaged at power houses, sub-stations and pumps i,
operating continuously for twenty-four (24) hours daily, and hoisting engineers, a work day of eight “
hours is established, including a staggered thirty minutes f or lunch. and without any intermission or sus- '
pension of operations throughout the day. These eight hours shall be paid for at straight time rate. ? '
Overtime beyond eight hours per day and forty hours per week shall bepaid for at time and one~half ;
with no pyramiding of overtime. Straight time earnings f or day workers covered by this paragraph ;
shall be the total daily normal shift earnings for eight hours divided by eight (8) hours. ‘

(d) All mine workers, whether employed by the month, day, or tonnage, yardage, deadwork or foot- I
age rate, shall receive $3.05 per day in addition to that provided for in the contract which expired , \-
March 31, 1946. ' l
' (e) Work performed on the sixth consecutive day is optional, but when performed shall be paid for . i

- at time and one-half or rate and one-half. 1,

(f) Holidays, when worked, shall be paid for at time and one-half or rate and one-half. Holidays

shall be computed in arriving at the sixth and seventh day in the week. i
' l

(g) Employees paid by the day or by the ton who start to work, that day shall be counted as a ‘ 5
day’s work in computing the sixth and seventh day in the week provided they do not leave their em~ j
ployment when work is available for them. :.

(h) Rockdusting shall be done at the expense of the coal operator. l :

VACATION PAYMENT y

An annual vacation period shall be the rule of the industry. From Saturday, June 26, 1948, to Mon- ii
day, July 5, 1948, inclusive, shall be a vacation period during which coal production shall cease. Day 1
men required to work during this period at coke plants and other necessarily continuous operations or
on emergency or repair work shall have vacations of the same duration at other agreed periods. ‘

5 ;

 - It
_ , All employees with a record of one year’s standing (June 1, 1947, to May 31, 1948) shall receive as i;
' ' compensation for the above-mentioned vacation period the sum of One Hundred Dollars ($100), with the ,
following exception: Employees who entered the armed services prior to March 31, 1.917, and who return 1
to their jobs from the armed services during the qualifying period shall receive the $100 vacation pay- ’
ment. “
All the terms and provisions of district agreements relating to vacation pay for sick and injured 1
employees are carried forward to this Agreement and payments are to be made in the sum as provided 7
herein. . .
Pro rata payments for the months they are on the payroll shall be provided for those mine workers .
who are given employment during the qualifying period and those who leave their employment. '
The vacation payment of the 1948 period shall be made on the last pay day occurring in the month
. of June of that year. ‘
Failure of any Operator signatory hereto to make full and prompt payment of the amounts required ’
hereby, in the manner and on the dates herein provided, shall, at the option of the United Mine Work— i
, ers of America, be deemed a violation of this Agreement. This obligation of each Operator signatory 2;
hereto, which is several and not joint, to so pay such sums, shall be a direct and continuing obligation 'l
‘ of said Operator during the life of this Agreement; and it shall be deemed a violation of this Agreement i
if any mine, to which this Agreement is applicable, shall be sold, leased, sub~leased, assigned, or other— ;
wise disposed of for the purpose of avoiding the obligation hereunder. ‘.
CHECKOFF -
The membership dues, including initiation fees, and assessments of the United Mine Workers of 1
America and its various subdivisions, as authorized and approved by the International Union, United ‘
' Mine Workers of America, shall be checked off the wages of the employees by the Operators covered ‘
_ by this contract and shall be remitted by the Operators to the properly designated officers of the Mine %
’ Workers for distribution to its various branches. Such remittances shall be accompanied by an itemized i
statement showing the name of each employee and the amount checked off for dues, initiation fees and
assessments together with a list of employees from whom dues, initiation fees and assessments have not 1
7 been collected. ' i
In order that this section may become effective and operate within the limitations of the “Labor- !
Management Relations Act, 1947,” the Mine Workers hereby ,agree to furnish, with all reasonable dis- V
patch, to the respective Operators, and the Operators agree to aid, assist and cooperate in obtaining
written assignments from each employee so employed. Upon the presentation to the Operators of such It
assignments in such reasonable form as time and circumstances, looking to the continuous and uninter- 1 .
rupted production of coal, may allow, said Operators shall make deductions so authorized and deliver r
‘ the same to the designated District officer of the Aline Workers or to such authorized representative as ;
may be designated by the Mine Workers. j
. ' t
. DISTRICT AGREEMENTS . - i
New Districts of the United Mine Workers of funerica may be established. . El,
’ This Agreement supersedes all existing and previous contracts except as incorporated and carried ti
forward herein by reference; and all local agreements, rules, regulations and customs heretofore estab- it
lished in conflict with this Agreement are hereby abolished. Prior practice and custom not in conflict It
_ - with this Agreement may be continued, but any provisions in District or Local Agreements providing for ;
the levying, assessing or collecting of fines or providing for “no strike,” “indemnity” or “guarantee” .,
' clauses or provisions are hereby expressly repealed and shall not be applicable during the term of this ‘
Agreement. Wherever a conflict arises between this Agreement and any District or Local Agreement, i,
this Agreement shall prevail. When day men are transferred to loading coal the individual affected, if i
aggrieved, shall have the right of review under the settlement of disputes procedures provided in this ';
Agreement. ' i
_ No District Contract or Agreement negotiated hereunder shall become effective until approval of , *
such Contract or Agreement by the International Union, United Mine Workers of America, has been ;
- fiist obtained. 4 -'
SETTLEMENT OF LOCAL AND DISTRICT DISPUTES
Should differences arise between the Mine \K’orkers and the Operators as to the meaning and appli- I
cation of the provisions of this Agreement, or should differences arise about matters not specifically
‘ mentioned in this Agreement, or should any local trouble of any kind arise at the mine, an earnest '
, effort shall be made to settle such differences immediately: '
' 6 ' . . ,

 ' mac—«mammx—r—“mauwrkemve‘wmffr“””?‘w""V 1' _ H i h ' p,
' ' l

1. Between the aggrieved party and the mine management {I

2. Through the management of the mine and the Mine Committee. ‘ Ii

3. Through District representatives of the United Mine Workers of America and a commis- El

sioner representative (where employed) of the coal company. .i'1

4. By a board consisting of four members, two of whom shall be designated by the Mine Work- .

ers and two by the Operatoi's. ‘

' 5. Should the board fail to agree the matter shall, within thirty (30) days after decision by the 3

board, be referred to an umpire to be mutually agreed upon by the Operator or Operators affected El

_ and by the duly designated representatives of the United Mine Workers of America, and the umpire l

so agreed upon shall expeditiously and without delay decide said case. The decision of the umpire
shall be final. Expenses and salary incident to the services of an umpire shall be paid equally by ‘ l
the Operator or Operators affected and by the Mine Workers. ‘ I;

i A decision reached at any stage of the proceedings above outlined shall, be binding on both parties g
hereto and shall not be subject to reopening by any other party or branch of either association except i]
by mutual agreement. . . 1'

, HOUSE COAL ’ - :
l‘
House coal shall be sold to all employees, for their own household use, at the cost of production, . i

exclusive of sales and administrative costs. Should any differences arise between the Mine Workers i
and the Operator of any mine as to the price so to be charged for said coal, such differences shall be l
settled under the terms of the Settlement of Disputes section of this Agreement.