Dawson Daylight Coal Co.

National Labor Relations Board - Board Decisions

Mar 19, 1940

21 N.L.R.B. 779 (N.L.R.B. 1940)

In the Matter of DAWSON DAYLIGHT COAL COMPANY and UNITED
MINE WORKERS OF AMERICA, DISTRICT #23, AFFILIATED WITH THE.
C. I. O. and PROGRESSIVE - MINE WORKERS OF AMERICA, DISTRICT #5,
AFFILIATED WITH THE A. F. OF L., PARTY TO THE, CONTRACT
In the Matter of DAWSON DAYLIGHT COAL COMPANY and UNITED
MINE WORKERS OF AMERICA, DISTRICT #23, AFFILIATED WITH THE.
C. I. O.
Cases Nos. C-1407 and R-1600, respectively
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
March 19, 1940
On November 13, 1939 , the National Labor Relations Board , herein
called the Board , issued its 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.
As to the balloting and its results, the Regional Director reported
as follows :
Total number of employees alleged eligible to vote____________ 236
Total number of ballots cast________________________________ 225
Total number of ballots counted_____________________________
Total number of ballots cast for United Mine Workers of
223
America, District #23, affiliated with the C. I. O___________ 103
Total number of ballots cast for Progressive Mine Workers of
America, District # 5, affiliated with the A. F. of L-------- 112
317 N. L. R . B. 581.
21 N. L. R. B., No. 78.
779
780 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Total number of ballots cast for neither organization -------- 8
Total number of blank ballots_______________________________ 0
Total number of void ballots ________________________________ 0
Total number of challenged ballots___________________________ 2
Before the ballots were counted the Regional Director ruled that
the two,.voters who had cast challenged. ballots .were. ineligible, and
that the two ballots should not be counted. The results of the elec-
tion would not be materially affected by the disposition of these
ballots and the ruling of the Regional Director is hereby affirmed.
On December 26, 1939, United Mine Workers of America, District
#23, affiliated with the Congress of Industrial Organizations, herein
called the United, filed objections to the Election Report and affi-
davits in support of its objections,2 and requested that the election
be set aside. The United objected to the conduct of the ballot and
the Election Report upon the grounds, inter alia, that although the
employees of Dawson Daylight Coal Company, Dawson Springs,
Kentucky, herein ,called the Company, actually desired the United
as their bargaining representative, the Company intimidated, coerced,
and influenced its employees to vote for Progressive Mine Workers
of America, District : # 5, affiliated t with the American Federation of
Labor, herein called the Progressive.
On January 6, 1940, the Progressive filed a document captioned
"Demurrer, Motion and Answer," 3 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 provided
in National Labor Relations Board Rules and Regulations-Series 2.4
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 January 9 and March 1, 1940, respectively, the Regional Di-
rector, acting pursuant to Article III, Section 9, of the Board's Rules
and Regulations, issued and served upon the parties his Report on
Objections to Election Report and his Supplementary Report on
2 The United also filed a supporting affidavit on February 16, 1940, which was re-
ceived upon a showing that the material included therein was newly discovered and could
not reasonably have been known to the United within the time provided for the filing of
objections.
3 At this time the Progressive submitted several affidavits in support of its answer and
thereafter submitted further affidavits in reply to the affidavit filed by the United on
February 16, 1940.
4 The Regional Director made no specific ruling on the timeliness of the United' s objec-
tions. The record shows that the United received the Election Report on December 18,
1939, and that its objections thereto were delivered to they Board's Eleventh Regional
Office on December 26, 1939. The Board's Eleventh Regional Office was closed on De-
cember 23 , 24, and 25, 1939, for the Christmas holidays Under these circumstances, NNe
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
DAIN, SON DAYLIGHT COAL COMPANY 781
Objections to Election Report, in which , after investigation, he re-
ported each of the objections to be without merit and overruled them.
The Board has considered the Election Report, the objections and
affidavits filed by the United, the answer and affidavits filed by the
Progressive , and the Report on Objections to Election Report, and
Supplementary Report on Objections to Election Report and finds
that the objections filed by the United do not present substantial or
material issues with respect to the conduct 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,
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 Dawson Daylight Coal Company, Dawson
Springs, Hopkins County, Kentucky , as production employees, but
excluding superintendents , mine foremen , section foremen, room
bosses, face bosses, top bosses, entry bosses, electricians in a super-
visory 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 exclusive
representative of all such employees for the purposes of collective
bargaining in respect to rates of pay, wages, hours of employment,
and other conditions of employment.