Peabody Coal Company v. National Labor Relations Board

Peabody Coal Co. (“Peabody”) petitions for review of an order of the National Labor Relations Board (“NLRB”) granting the General Counsel’s motion for summary judgment. The NLRB cross-petitions for enforcement. Peabody argues that its refusal to bargain with the United Mine Workers of America (“UMWA”) did not violate 29 U.S.C. § 158 (a)(5) and (1) because the UMWA was contractually barred from representing the employees in question. It also argues that the NLRB erred in rejecting its request for review of the Regional Director’s supplemental decision of November 12, 1981 as untimely. We agree with the latter contention but not the former.

Refusal to bargain

The UMWA filed a representation petition seeking recognition as the exclusive bargaining representative of certain workers employed at three of Peabody’s warehouses. Peabody opposed the petition, arguing that the UMWA had previously agreed not to represent the employees in question.

Peabody contended that the UMWA’s agreement not to represent warehouse employees was contained in the 1981 Western Surface Agreement (“1981 Agreement”) which covered certain other Peabody employees. The Regional Director found that the UMWA was…