Arch of West Virginia, 1089 (1991)

Arch of West Virginia, Inc., a wholly-owned subsidiary of Arch Minerals Corp. and United Mine Workers of America, District 17. Cases 9-CA-26891 and 9-CA-26892

September 26, 1991

DECISION AND ORDER

BY CHAIRMAN STEPHENS AND MEMBERS DEVANEY AND RAUDABAUGH

On February 15, 1991, Administrative Law Judge Leonard M. Wagman issued the attached decision. The Respondent filed exceptions and a supporting brief, and the Charging Party filed a brief in opposition to the Respondent's exceptions.

The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.

The Board has considered the decision and the record in light of the exceptions and briefs and has decided to affirm the judge's rulings, findings,1 and conclusions and to adopt the recommended Order.

ORDER

The National Labor Relations Board adopts the recommended Order of the administrative law judge and orders that the Respondent, Arch of West Virginia, Inc., a wholly-owned subsidiary of Arch Minerals Corp., Yolyn, West Virginia, its officers, agents, successors, and assigns, shall take the action set forth in the Order.

1 In its exceptions, the Respondent contends that it has answered the Union's September 1 information request and further information is not in its possession or otherwise available to it. However, as the Union has shown the relevance of the information sought, it need not accept the Respondent's conclusionary statement that such information is unavailable. Doubarn Sheet Metal, 243 NLRB 821, 824 (1979). The Respondent has not shown that it has requested any information not in its possession from its parent corporation and sister subsidiaries and that they have refused to provide the Respondent with such additional information. Under these circumstances, the Respondent has failed to demonstrate that such information is unavailable. United Graphics, 281 NLRB 463, 466 (1986).

Member Raudabaugh agrees that the Union had a reasonable basis for seeking information that would tend to prove...

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