The employer applied for a declaration confirming its assignment of mining work on a boundary pillar between two adjacent mining properties to the USWA, rather than the CEP.
The CEP claimed jurisdiction over the portion of the pillar located on the property where it held bargaining rights.
The Board confirmed the employer's assignment to the USWA, finding that the work would be sporadic, the CEP miners lacked current mining skills having worked in a plant environment for years, and it was unsafe and impractical to mine the pillar from the CEP's side of the property.
