Mine Workers District 5 (Pennsylvania Mines), 663 (1995)

United Mine Workers of America, District 5, and its Local 1378, AFL-CIO (Pennsylvania Mines Corporation) and Elwood Selapack. Case 6- CB-8906

May 30, 1995

DECISION AND ORDER

BY MEMBERS STEPHENS, COHEN, AND TRUESDALE

On February 14, 1994, Administrative Law Judge Bernard Ries issued the attached decision. The General Counsel filed exceptions and a supporting brief.

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 brief and has decided to affirm the judge's rulings, findings, and conclusions only to the extent consistent with this Decision and Order.

The judge found that the Respondents, United Mine Workers of America, District 5, and its Local 1378, AFL-CIO, did not, as alleged, violate Section 8(b)(1)(A) of the Act by retaining the proceeds of an arbitration award in Local 1378's treasury rather than distributing these funds to unit employees. While noting that it ''may have been shortsighted on the [Respondents'] part'' to let the Local keep the money, the judge concluded that ''it scarcely makes the decision to turn the funds over to the Union treasury 'irrational.''' (Footnote omitted.) For the reasons stated below, we reverse the judge and find that the Respondents' conduct in failing and refusing to distribute the moneys awarded was arbitrary and unreasonable and in violation of Section 8(b)(1)(A) of the Act.

The evidence shows that Respondent Local 1378 represented employees at the Employer's Tunnelton mine in Indiana County, Pennsylvania. In June 1992,1

the Employer laid off approximately 140 employees pending the sale of the Tunnelton mine, leaving only 1 unit employee on the job. On July 7, the Union filed a grievance alleging that the Employer's supervisors had been performing unit work and seeking a make whole remedy. The grievance went to arbitration on September 9.2 Following a hearing, the arbitrator issued his decision on November 30, directing that the Employer pay ''mine inspector, lampman, and me-

chanic for all hours they would have worked during period mine was idled.'' The arbitrator did not specify the...

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