Rehearing Denied June 18, 1945

See 325 U.S. 897, 65 S.Ct. 1550. [325 U.S. 161, 162] Messrs. George Richardson, Jr., of Bluefield, W. Va., and William A. Stuart, of Abingdon, Va., for petitioner.

Mr. Crampton Harris, of Birmingham, Ala., for respondents.

Mr. Justice MURPHY delivered the opinion of the Court.

In Tennessee Coal Co. v. Muscoda Local No. 123, 321 U.S. 590, 64 S.Ct. 698, 152 A.L.R. 1014, this Court held that underground travel in iron ore mines constituted work and hence was included in the compensable workweek within the meaning of Section 7(a) of the Fair Labor Standards Act of 1938, 52 Stat. 1060, 1063, 29 U.S.C. 207(a), 29 U.S.C.A . 207(a). The sole issue in this case is whether any different result must be reached as regards underground travel in bituminous coal mines.

The petitioner, Jewell Ridge Coal Corporation, owns two bituminous coal mines in Virginia. It instituted this declaratory judgment action against the respondent unions and certain of their officials, representing all of petitioners u