with the collective bargaining representative of the employees of such employers. Approximately 19 coal producers and district coal producers' associations have authorized and designated Association for this purpose.
(c) The coal producers and members of the producers' associations who have designated Association as their collective bargaining representative, annually mine, produce and distribute approximately 160,000,000 tons of bituminous coal, which amount constitutes approximately one-third of all the bituminous coal mined, produced and distributed annually in the United States. A substantial part of this coal is distributed in the United States and foreign countries through the channels of interstate commerce.
(d) At all times herein material, respondent UMW was, and now is, the exclusive representative of employees of the coal producers and members of the coal producers' associations that have designated Association as their collective bargaining representative, in a unit or units appropriate for collective bargaining within the meaning of Section 9, subsections (a) and (b) of the Act.
(e) During the past several years it has been the practice for respondents to meet periodically with bituminous coal producers or their representatives in collective bargaining for the purpose of negotiating a basic agreement fixing rates of pay, wages, hours of employment, and other conditions of employment of employees in the bituminous coal industry for a definite period of time.
(f) On, and at all times since April 20, 1048, respondents, although requested by Association to do so, failed and refused, and are failing and refusing to meet and bargain collectively with Association as the representative of th coal producers and members of the coal producers' associations that have designated Association for such purpose.
(g) On, and at all times since May 18, 1948, respondents, although requested by Association to do so, refused, and are refusing, to permit Association to participate with representatives of other employers in the bituminous coal industry in conferences held with respondents to negotiate through collective bargaining a basic agreement fixing rates of pay, wages, hours of employment, and other conditions of employment of employees in the bituminous coal industry of the country for a period of time succeeding the present basic agreement for such employees which expires on June 30, 1948.
(h) Respondents, by their conduct above:
1. Have restrained and coerced, and are straining and coercing, employers in the selection of their representative for the purposes of collective bargaining or the adjustment of grievances; and
2. Have refused, and are refusing, to bargain collectively with employers for employees which respondent UMW represents for such purposes under the Act.
8. Respondents have indicated no intention to discontinue their refusal to meet and bargain collectively with Association as the representative of the employers who have selected and designated it for such purpose. On the contrary, respondents have displayed every intention of continuing their conduct unless restrained.
9. There is imminent danger and great likelihood, from the past conduct of respondents and from the history of collective bargaining negotiations in the bituminous coal industry that as a result of respondents' refusal to bargain collectively as aforesaid a new agreement for the bituminous coal industry or the substantial part thereof represented by Association will not be negotiated by June 30, 1948, when the present agreement expires. It is reasonable to anticipate from custom and practice of the employees in the coal industry in the past that the coal miners represented by respondents will engage in a stoppage of work and that operations in the mines in which they are employed will therefore cease, on or after June 30, 1948. Such cessation of production of coal not only will result in substantial and irreparable damage to the coal producers affected but may necessitate the closing or curtailment of transportation, public utilities and other services essential to the public health and welfare, and seriously impeded the free flow of commerce among the several States and with foreign countries, thereby causing immediate, substantial, and irreparable injury to the Nation.
Conclusions of Law
1. The coal producers and members of coal producers' associations who have selected and designated Association as their representative for purposes of collective bargaining are engaged in commerce within the meaning of Section 2, subsections (6) and (7) of the Act.
2. Respondent UMW is a labor organization within the meaning of Section 2, subsection (5) of the Act.
3. Respondent John L. Lewis is an agent of respondent UMW within the meaning of Section 8(b) of the Act.
4. Section 10(j) of the Act is constitutional.
5. The Board, under the Act, properly delegated authority to petitioner to institute this proceeding.
6. The relief sought by petitioner would not impair the obligation of contracting parties as contained in the National Bituminous Coal Wage Agreement of 1947.
7. Association is a 'representative' within the meaning of the Act.
8. This Court has jurisdiction of the proceedings and of respondents and to grant injunctive relief under Section 10(j) of the Act.
9. There is reasonable cause to believe that respondents, and each of them, have engaged in unfair labor practices within the meaning of Section 8(b), subsections (1)(B) and (3) of the Act, and affecting commerce within the meaning of Section 2, subsections (6) and (7) of the Act.
10. To preserve the issues presented for the orderly determination of the Board as provided in the Act, and to avoid irreparable injury to the Nation, to the policies of the Act, and to employees and employers, it is appropriate, just and proper that, pending final adjudication by the Board of the said issues, respondents, their agents, servants, employees, attorneys, and all persons acting in active concert or participation with them be enjoined and restrained from the commission or continuation of the acts and conduct set forth in the findings of fact above, acts in furtherance or support thereof, and like or related acts or conduct whose commission in the future is likely or fairly may be anticipated from respondents' acts and conduct in the past.
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