mine
workers
pennington
argued
january
decided
june
trustees
mine
workers
america
welfare
retirement
fund
sued
respondents
partners
coal
mining
company
royalty
payments
national
bituminous
coal
wage
agreement
amended
respondents
filed
cross
claim
damages
alleging
trustees
umw
certain
large
coal
operators
conspired
restrain
monopolize
commerce
violation
sherman
act
alleged
eradicate
overproduction
coal
industry
umw
large
operators
agreed
eliminate
smaller
companies
imposing
terms
agreement
companies
regardless
ability
pay
increasing
royalties
due
welfare
fund
excluding
marketing
production
sale
nonunion
coal
refusing
lease
coal
lands
nonunion
operators
refusing
buy
sell
coal
mined
operators
obtaining
secretary
labor
establishment
minimum
wage
act
higher
industries
urging
tva
curtail
spot
market
purchases
exempt
order
waging
campaign
drive
small
companies
spot
market
petitioner
motions
dismiss
denied
jury
returned
verdict
trustees
umw
trial
set
aside
verdict
trustees
overruled
union
motion
judgment
notwithstanding
verdict
new
trial
appeals
affirmed
ruling
union
exempt
liability
sherman
act
facts
case
held
agreement
union
large
operators
secure
uniform
labor
standards
throughout
industry
exempt
antitrust
laws
pp
agreement
resulting
bargaining
automatically
exempt
sherman
act
scrutiny
merely
negotiations
covered
wage
standards
compulsory
subject
bargaining
pp
union
may
make
wage
agreements
bargaining
unit
may
pursuance
seek
obtain
terms
employers
forfeits
antitrust
exemption
agrees
group
employers
impose
certain
wage
scale
bargaining
units
thus
joins
conspiracy
curtail
competition
pp
nothing
national
labor
policy
indicates
union
employers
one
bargaining
unit
free
bargain
wages
working
conditions
bargaining
units
settle
matters
whole
industry
allow
employer
condition
signing
agreement
union
imposition
similar
contract
competitors
pp
antitrust
policy
clearly
restricts
agreements
seeking
set
labor
standards
outside
bargaining
unit
view
anticompetitive
potential
surrender
union
freedom
action
respect
bargaining
policy
concerted
efforts
influence
public
officials
violate
antitrust
laws
even
though
intended
eliminate
competition
eastern
conf
noerr
motors
followed
pp
instructions
jury
anticompetitive
purpose
support
illegal
conspiracy
based
solely
tva
episodes
constitute
merely
harmless
error
respondents
entitled
damages
sherman
act
injury
suffered
actions
secretary
labor
jury
instructed
pp
harrison
combs
argued
cause
petitioner
briefs
rayson
kramer
boiarsky
john
rowntree
argued
cause
filed
briefs
respondents
theodore
antoine
argued
cause
american
federation
labor
congress
industrial
organizations
amicus
curiae
urging
reversal
brief
albert
woll
robert
mayer
thomas
harris
guy
farmer
filed
brief
bituminous
coal
operators
association
amicus
curiae
urging
reversal
justice
white
delivered
opinion
action
began
suit
trustees
mine
workers
america
welfare
retirement
fund
respondents
individually
owners
phillips
brothers
coal
company
partnership
seeking
recover
royalty
payments
alleged
due
payable
trust
provisions
national
bituminous
coal
wage
agreement
amended
september
executed
phillips
mine
workers
america
october
amendments
september
october
phillips
filed
answer
cross
claim
umw
alleging
trustees
umw
certain
large
coal
operators
conspired
restrain
monopolize
interstate
commerce
violation
sherman
antitrust
act
amended
stat
actual
damages
amount
claimed
period
beginning
february
ending
december
allegations
cross
claim
essentially
follows
prior
wage
agreement
operators
union
severe
controversy
existed
industry
particularly
wages
welfare
fund
union
efforts
control
working
time
members
since
however
relative
peace
existed
industry
result
wage
agreement
amendments
additional
understandings
entered
umw
large
operators
allegedly
parties
considered
overproduction
critical
problem
coal
industry
agreed
solution
elimination
smaller
companies
larger
companies
thereby
controlling
market
specifically
union
abandoned
efforts
control
working
time
miners
agreed
oppose
rapid
mechanization
mines
substantially
reduce
mine
employment
agreed
help
finance
mechanization
agreed
impose
terms
agreement
operators
without
regard
ability
pay
benefit
union
increased
wages
productivity
increased
mechanization
increases
demanded
smaller
companies
whether
mechanized
royalty
payments
welfare
fund
increased
also
union
effective
control
fund
use
union
large
companies
agreed
upon
steps
exclude
marketing
production
sale
nonunion
coal
thus
companies
agreed
lease
coal
lands
nonunion
operators
agreed
sell
buy
coal
companies
companies
union
jointly
successfully
approached
secretary
labor
obtain
establishment
act
amended
stat
et
seq
minimum
wage
employees
contractors
selling
coal
tva
minimum
wage
much
higher
industries
making
difficult
small
companies
compete
tva
term
contract
market
later
time
meeting
attended
union
company
representatives
tva
urged
curtail
spot
market
purchases
substantial
portion
exempt
order
thereafter
four
larger
companies
waged
destructive
collusive
campaign
tva
spot
market
coal
two
companies
west
kentucky
coal
subsidiary
nashville
coal
union
large
investments
position
exercise
control
complaint
survived
motions
dismiss
trial
jury
verdict
returned
favor
phillips
trustees
union
damages
union
fixed
amount
trebled
trial
set
aside
verdict
trustees
overruled
union
motion
judgment
notwithstanding
verdict
alternative
new
trial
appeals
affirmed
ruled
union
exempt
liability
sherman
act
facts
case
considered
instructions
adequate
found
evidence
generally
sufficient
support
verdict
granted
certiorari
reverse
remand
case
proceedings
consistent
opinion
first
consider
umw
contention
trial
erred
denying
motion
directed
verdict
judgment
notwithstanding
verdict
since
determination
umw
favor
issue
finally
resolve
controversy
question
presented
phase
case
whether
circumstances
case
union
exempt
liability
antitrust
laws
think
answer
clearly
negative
union
motions
correctly
denied
antitrust
laws
bar
existence
operation
labor
unions
moreover
clayton
act
stat
act
stat
permit
union
acting
alone
engage
conduct
therein
specified
without
violating
sherman
act
hutcheson
international
hod
carriers
council
affirming
per
curiam
supp
american
federation
musicians
affirming
per
curiam
supp
neither
expressly
deals
arrangements
agreements
unions
employers
neither
section
tells
us
whether
arrangements
agreements
barred
permitted
antitrust
laws
thus
hutcheson
stated
long
union
acts
combine
groups
licit
illicit
distinguished
judgment
regarding
wisdom
unwisdom
rightness
wrongness
selfishness
unselfishness
end
particular
union
activities
means
emphasis
added
umw
case
order
protect
wage
scale
maintaining
employer
income
presented
set
prices
mine
operators
required
sell
coal
union
employers
happened
agree
successfully
defend
contract
provision
challenged
antitrust
laws
party
injured
arrangement
cf
allen
bradley
union
borden
lumber
prods
assn
cir
aff
issue
sub
nom
brotherhood
carpenters
las
vegas
merchant
plumbers
assn
cir
cert
denied
local
ibew
cir
cert
denied
case
restraint
product
market
direct
immediate
type
characteristically
deemed
unreasonable
sherman
act
union
gets
promise
nothing
concrete
hope
better
wages
come
likewise
alleged
case
union
became
party
collusive
bidding
arrangement
designed
drive
phillips
others
tva
spot
market
think
claim
exemption
antitrust
liability
frivolous
best
reason
alone
motions
unions
properly
denied
major
part
phillips
case
however
union
entered
conspiracy
large
operators
impose
wage
royalty
scales
upon
smaller
nonunion
operators
regardless
ability
pay
regardless
whether
union
represented
employees
companies
purpose
eliminating
industry
limiting
production
market
large
unionized
operators
umw
urges
since
agreement
concerned
wage
standards
exempt
antitrust
laws
true
wages
lie
heart
subjects
employers
unions
must
bargain
law
contemplates
agreements
wages
individual
employers
union
agreements
union
employers
bargaining
unit
labor
board
truck
drivers
union
union
benefit
wage
scale
agreed
upon
direct
concrete
effect
product
market
though
clearly
present
results
elimination
competition
based
wages
among
employers
bargaining
unit
kind
restraint
congress
intended
sherman
act
proscribe
apex
hosiery
leader
see
adams
dairy
louis
dairy
cir
think
beyond
question
union
may
conclude
wage
agreement
bargaining
unit
without
violating
antitrust
laws
may
matter
policy
agreement
part
employers
unit
seek
wages
employers
say
agreement
resulting
negotiations
automatically
exempt
sherman
act
scrutiny
simply
negotiations
involve
compulsory
subject
bargaining
regardless
subject
form
content
agreement
unquestionably
board
demarcation
bounds
duty
bargain
great
relevance
consideration
sweep
labor
antitrust
immunity
concerned
harmonizing
sherman
act
national
policy
expressed
national
labor
relations
act
promoting
peaceful
settlement
industrial
disputes
subjecting
controversies
mediatory
influence
negotiation
fibreboard
paper
prods
labor
board
limits
union
employer
may
offer
extract
name
wages
must
bargain
mean
agreement
reached
may
disregard
laws
teamsters
union
oliver
brotherhood
carpenters
said
union
may
make
wage
agreements
bargaining
unit
may
pursuance
union
interests
seek
obtain
terms
employers
case
antitrust
laws
made
evidence
limited
union
behavior
think
union
forfeits
exemption
antitrust
laws
clearly
shown
agreed
one
set
employers
impose
certain
wage
scale
bargaining
units
one
group
employers
may
conspire
eliminate
competitors
industry
union
liable
employers
becomes
party
conspiracy
true
even
though
union
part
scheme
undertaking
secure
wages
hours
conditions
employment
remaining
employers
industry
find
anything
national
labor
policy
conflicts
conclusion
recognized
legitimate
aim
national
labor
organization
obtain
uniformity
labor
standards
consequence
union
activity
may
eliminate
competition
based
differences
standards
apex
hosiery
leader
nothing
labor
policy
indicating
union
employers
one
bargaining
unit
free
bargain
wages
hours
working
conditions
bargaining
units
attempt
settle
matters
entire
industry
contrary
duty
bargain
unit
unit
leads
quite
different
conclusion
union
obligation
members
seem
best
served
union
retained
ability
respond
bargaining
situation
individual
circumstances
might
warrant
without
prior
agreement
favored
employers
far
employer
concerned
long
board
view
employer
may
condition
signing
collective
bargaining
agreement
union
organization
majority
industry
american
range
lines
samuel
youlin
newton
chevrolet
see
labor
board
george
pilling
son
cir
cases
obvious
interest
employer
ensure
acceptance
union
wage
demands
adversely
affect
competitive
position
american
range
lines
supra
board
rejected
employer
interest
justification
demand
employer
lawfully
deny
employees
right
bargain
collectively
designated
representative
appropriate
unit
envisions
competitive
disadvantages
accruing
bargaining
employer
condition
upheld
clearly
reduce
extent
collective
bargaining
thus
newton
chevrolet
supra
held
refusal
bargain
employer
insist
provision
agreed
contract
terms
become
effective
five
competitors
signed
substantially
similar
contracts
board
stated
nothing
act
justify
imposition
duty
upon
exclusive
bargaining
representative
secure
agreement
majority
employer
competitors
condition
precedent
negotiation
agreement
employer
permit
individual
employers
refuse
bargain
collectively
competitors
done
clearly
lead
frustration
fundamental
purpose
act
encourage
practice
collective
bargaining
permitting
insistence
agreement
union
attempt
impose
similar
contract
employers
likewise
seem
impose
restraining
influence
extent
collective
bargaining
union
avoid
impasse
surrendering
freedom
act
interest
employers
something
unwilling
many
instances
employer
interest
competitive
interest
rather
interest
regulating
labor
relations
effect
union
agreement
limit
free
exercise
employees
right
engage
concerted
activities
according
views
sum
conclude
national
labor
policy
provides
support
agreements
hand
policy
antitrust
laws
clearly
set
agreements
seeking
prescribe
labor
standards
outside
bargaining
unit
one
hardly
contend
example
one
group
employers
lawfully
demand
union
impose
employers
wages
significantly
higher
paid
requesting
employers
system
computing
wages
differences
methods
production
costly
one
set
employers
another
anticompetitive
potential
combination
obvious
little
severe
alleged
purpose
effect
conspiracy
case
establish
wages
level
marginal
producers
pay
driven
industry
conspiracy
presently
attack
declared
exempt
hardly
possible
deny
exemption
avowedly
discriminatory
schemes
viewpoint
antitrust
policy
moreover
agreements
group
employers
union
union
seek
specified
labor
standards
outside
bargaining
unit
suffer
basic
defect
without
regard
predatory
intention
effect
particular
case
salient
characteristic
agreements
union
surrenders
freedom
action
respect
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policy
prior
agreement
union
might
seek
uniform
standards
required
assess
case
probable
costs
gains
strike
collective
action
end
thus
might
conclude
objective
uniform
standards
temporarily
give
way
agreement
union
interest
bound
case
favored
employer
group
restraints
upon
freedom
economic
units
act
according
choice
discretion
run
counter
antitrust
policy
see
associated
press
fashion
originators
guild
federal
trade
anderson
shipowners
thus
relevant
labor
antitrust
policies
compel
us
conclude
alleged
agreement
umw
large
operators
secure
uniform
labor
standards
throughout
industry
proved
exempt
antitrust
laws
ii
umw
next
contends
trial
erroneously
denied
motion
new
trial
based
claimed
errors
admission
evidence
eastern
conf
noerr
motors
rejected
attempt
base
sherman
act
conspiracy
evidence
consisting
entirely
activities
competitors
seeking
influence
public
officials
sherman
act
held
intended
bar
concerted
action
kind
even
though
resulting
official
action
damaged
competitors
campaign
aimed
furthermore
legality
conduct
affected
anticompetitive
purpose
may
even
though
sole
purpose
seeking
influence
passage
enforcement
laws
destroy
truckers
competitors
freight
business
nothing
clearer
opinion
anticompetitive
purpose
illegalize
conduct
involved
agree
umw
appeals
trial
failed
take
proper
account
noerr
case
approving
instructions
trial
regard
approaches
union
operators
secretary
labor
tva
officials
appeals
considered
noerr
applying
conduct
unaccompanied
purpose
intent
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statute
illegal
purpose
intent
inherent
conduct
vitiates
conduct
otherwise
legal
noerr
shields
sherman
act
concerted
effort
influence
public
officials
regardless
intent
purpose
appeals
however
hold
conduct
illegal
depending
upon
proof
illegal
purpose
instructions
trial
jury
exhibit
similar
infirmity
jury
instructed
approach
secretary
labor
legal
unless
part
conspiracy
drive
small
operators
business
approach
tva
violation
antitrust
laws
unless
parties
urged
tva
modify
policies
buying
coal
purpose
driving
small
operators
business
therefore
jury
determined
requisite
anticompetitive
purpose
present
free
find
illegal
conspiracy
based
solely
tva
episodes
event
attribute
illegality
acts
part
general
plan
eliminate
phillips
operators
similarly
situated
neither
finding
however
permitted
noerr
reasons
stated
case
joint
efforts
influence
public
officials
violate
antitrust
laws
even
though
intended
eliminate
competition
conduct
illegal
either
standing
alone
part
broader
scheme
violative
sherman
act
jury
instructed
given
obviously
telling
nature
evidence
hold
lapse
mere
harmless
error
another
reason
remanding
case
proceedings
lower
courts
clear
noerr
phillips
collect
damages
sherman
act
injury
suffered
action
secretary
labor
conduct
union
operators
violate
act
action
taken
set
minimum
wage
government
purchases
coal
act
public
official
claimed
jury
instructed
umw
requested
exclude
damages
phillips
may
suffered
result
secretary
determinations
see
also
american
banana
fruit
angle
chicago
paul
minneapolis
omaha
okefenokee
rural
elec
mem
florida
cir
trial
however
admitted
evidence
concerning
episodes
whatever
bearing
may
overall
picture
told
jury
final
instructions
include
verdict
damages
resulting
directly
act
found
part
conspiracy
effect
may
jury
reflected
statement
appeals
jury
reasonably
conclude
wage
determination
coal
industry
act
dumping
west
kentucky
coal
tva
spot
market
materially
adversely
affected
operations
phillips
important
tva
market
minimum
wage
determination
prevented
phillips
bidding
tva
term
market
judgment
reversed
case
remanded
proceedings
consistent
opinion
ordered
footnotes
unilaterally
without
agreement
employer
group
union
may
adopt
uniform
wage
policy
seek
vigorously
implement
even
though
may
suspect
employers
effectively
compete
required
pay
wage
scale
demanded
union
union
need
gear
wage
demands
wages
weakest
units
industry
afford
pay
union
conduct
alone
sufficient
evidence
maintain
conspiracy
charge
sherman
act
must
additional
direct
indirect
evidence
conspiracy
course
evidence
case
indicate
opinion
sufficiency
course
still
within
province
trial
judge
admit
evidence
deemed
probative
unduly
prejudicial
established
judicial
rule
evidence
testimony
prior
subsequent
transactions
reason
barred
forming
basis
suit
may
nevertheless
introduced
tends
reasonably
show
purpose
character
particular
transactions
scrutiny
standard
oil
reading
federal
trade
cement
institute
see
also
heike
american
medical
assn
app
aff
certiorari
limited
issues
contrast
continental
ore
union
carbide
carbon
held
acts
wartime
purchasing
agent
appointed
canadian
government
proved
part
conspiracy
element
computing
damages
purchasing
agent
however
public
official
wholly
owned
subsidiary
american
corporation
alleged
principal
actor
conspiracy
acts
complained
performed
direction
purchasing
agent
american
parent
indication
controller
official
within
structure
canadian
government
approved
approved
joint
efforts
monopolize
production
sale
vanadium
directed
purchases
plaintiff
stopped
case
wholly
dissimilar
noerr
present
case
latter
conclusion
regarding
term
market
seem
doubly
erroneous
phillips
virtually
conceded
course
offering
evidence
respecting
bids
alleged
conspirators
term
market
claiming
damages
exclusion
term
market
market
never
immediate
prospect
entering
trial
ruled
proffered
testimony
inadmissible
damages
phase
case
justice
douglas
justice
black
justice
clark
agree
concurring
read
opinion
reaffirms
principles
allen
bradley
union
tells
trial
judge
first
new
trial
jury
instructed
collective
bargaining
agreement
whereby
employers
union
agreed
wage
scale
exceeded
financial
ability
operators
pay
made
purpose
forcing
employers
business
union
well
employers
participated
arrangement
union
found
violated
antitrust
laws
second
agreement
containing
features
prima
facie
evidence
violation
allen
bradley
union
supra
union
promoting
closed
shops
new
york
city
area
got
contractors
purchase
equipment
local
manufacturers
agreements
union
got
manufacturers
confine
new
york
city
sales
contractors
employing
union
members
agencies
set
boycott
recalcitrant
local
contractors
manufacturers
bar
area
equipment
manufactured
outside
boundaries
said
combination
among
three
groups
union
contractors
manufacturers
became
highly
successful
standpoint
business
new
york
city
manufacturers
phenomenal
growth
thereby
multiplying
jobs
available
local
members
wages
went
hours
shortened
new
york
electrical
equipment
prices
scared
decided
financial
profit
local
contractors
manufacturers
difficulty
drawing
legislation
primarily
aimed
trusts
monopolies
also
applied
labor
organizations
without
impairing
collective
bargaining
related
rights
organizations
emphasized
congressional
judicial
attempts
draw
lines
permissible
prohibited
union
activities
however
one
line
draw
assurance
follow
congressional
purpose
know
congress
feared
concentrated
power
business
organizations
dominate
markets
prices
intended
outlaw
business
monopolies
business
monopoly
less
union
participates
participation
violation
sherman
act
architect
economic
system
congress
right
adhering
philosophy
free
enterprise
system
expressed
antitrust
laws
enforced
allen
bradley
union
supra
congress
delegates
big
business
big
labor
power
remold
economy
manner
charged
elementary
unlawful
conspiracy
may
often
formed
without
simultaneous
action
agreement
part
conspirators
schenck
aff
levey
acceptance
competitors
without
previous
agreement
invitation
participate
plan
necessary
consequence
carried
restraint
interstate
commerce
sufficient
establish
unlawful
conspiracy
sherman
act
eastern
lumber
assn
lawlor
loewe
american
column
american
linseed
oil
interstate
circuit