Dawson Collieries, Inc.

National Labor Relations Board - Board Decisions

Feb 28, 1940

20 N.L.R.B. 944 (N.L.R.B. 1940)

In the Matter of DAWSON COLLIERIES, INCORPORATED and UNITED MINE
WORKERS OF AMERICA, DISTRICT #23, AFFILIATED WITH THE C. I. O.
and PROGRESSIVE MINE WORKERS OF AMERICA, DISTRICT •#5, AFFILI-
ATED WITH TFIE A. F. OF L., PARTY TO THE CONTRACT
In the Matter of DAWSON COLLIERIES, INCORPORATED and UNITED MINE
WORKERS OF AMERICA, DISTRICT #23, AFFILIATED WITH THE C. I. O.
Cases Nos. C-1408 and R-1604, respectively
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
February 28, 1940
On November 13, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision, Order, and Direction of Election
in the above-entitled case., Pursuant to the Direction of Election,
an election by secret ballot was conducted on December 4, 1939, at
Dawson Springs, Kentucky, under the direction and supervision of
the Regional Director for the Eleventh Region (Indianapolis, Indi-
ana). On December 15, 1939, the Regional Director, acting pursuant
to Article III, Section 9, of National Labor Relations Board Rules
and Regulations-Series 2, issued and duly served upon the parties
an Election Report containing a tally of the ballots, and his findings
and recommendations.
The Regional Director reported the following results of the bal-
loting :
Total number of eligible voters-------------------------------- 66
Total number of ballots cast__________________________________ 64
Total number of ballots counted_______________________________
Total number of ballots cast for United Mine Workers of
64
America, District #23, affiliated with the C. I. 0._--___-__--_ 28
Total number of ballots cast for Progressive Mine Workers of
America, District #5, affiliated with the A. F. of L.__---_-____ 35
Total number of ballots cast for neither organization ------------ 1
Total number of blank ballots--------------------------------- 0
Total number of void ballots__________________________________ 0
Total number of challenged ballots____________________________ 0
1 17 N. L. R. B. 593.
20 N. L . R. B., No.. 90.
944
DAWSON COLLERIES, INCORPORATED 945
On December 26, 1939, the United Mine Workers of America, Dis-
trict #23, affiliated with the Congress of Industrial Organizations,
herein called the United, filed objections to the Election Report and
an affidavit in support of its objections, and requested that the elec-
tion be set aside. The United objected to the conduct of the ballot
and the Election Report upon the grounds, inter alia, that Dawson
Collieries, Incorporated, Dawson Springs, Kentucky, herein called
the Company, showed favoritism toward Progressive Mine Workers
Of America, District #5 affiliated with the American Federation
of Labor, herein called the Progressive; and that had the Company
not shown such favoritism toward the Progressive a great majority
of the employees would have voted for the United.
On January 6, 1940, the Progressive filed a document captioned
"Demurrer, Motion and Answer," 2 in which it contended that the
United was barred from objecting to the Election Report because
the United's objections had not been filed within the time limit pro-
vided in National Labor Relations Board Rules and Regulations-
Series 2.3 In its answer the Progressive denied the allegations made
by the United and prayed that the objections be overruled and that
the Progressive be certified as the representative of the Company's
employees.
On December 28, 1939, the Regional Director, acting pursuant to
Article III, Section 9, of National Labor Relations Board Rules and
Regulations-'Series 2, issued and served upon the parties his Report
on Objections to Election Report, in which, after investigation, he
reported each of the objections to be without merit and overruled
them. The Board has considered the Election Report, the objections
and affidavit filed by the United, the answer and affidavit filed
by the Progressive, and the Report on Objections to Election
Report, and finds that the objections filed by the United do
not raise substantial or material issues with respect to the con-,
duct of the ballot or the Election Report, and the Regional Director's
rulings with respect to them are hereby affirmed, and the United's
request that the election be set aside is hereby denied.
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, 49. Stat. 449, and pursuant to Article III, Sections 8 and 9,
2 The Progressive submitted an affidavit in support of its answer.
8 As is indicated in the following paragraph , the Regional Director issued his Report on
Objections to Election Report prior to the date on which the Progressive filed its "De-
murrer ." The record shows that the United received the Election Report on December 18,
1939 , and that its objections thereto were delivered to the Eleventh Regional Offce on
December 26, 1939 . The Board ' s Eleventh Regional Office was closed on December 23, 24,
and 25, 1939 , for the Christmas holidays . Under these circumstances , ye find that the
objections were timely but in view of our other findings below on the merits the issue
raised by the demurrer becomes immaterial.
946 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of National Labor Relations Board Rules and Regulations-Series
2, as amended,
IT IS HEREBY CERTIFIED that Progressive Mine Workers of America,
District #5, affiliated with the American Federation of Labor, has
been designated and selected by a majority of the persons employed
in the mining operations of the Dawson Collieries, Incorporated,
Dawson Springs, Hopkins County, Kentucky, as production em-
ployees, excluding superintendents, mine foremen, section foremen,
.room bosses, face bosses, top bosses, entry bosses, electricians in a
supervisory capacity, all other supervisory employees, and "guards"
or "watchmen," as their representative for the purposes of collective
bargaining and that pursuant to Section 9 (a) of the National
Labor Relations Act, Progressive Mine Workers of America, District
#5, affiliated with the American Federation of Labor, is the ex-
clusive representative of all such employees for the purposes of col-
lective bargaining in respect to rates of pay, wages, hours of
employment, and other conditions of employment.