DeBardeleben Coal Corp.

National Labor Relations Board - Board Decisions

Dec 28, 1943

54 N.L.R.B. 100 (N.L.R.B. 1943)

In the Matter of DEBARDELEBEN COAL CORPORATION and DISTRI0T 50,
UNITED MINE WORKERS OF AMERICA
Case 11'0. 10-R-1019.-Decided December 28, 1943
Mr. Frank L. Parsons, of Birmingham, Ala., for District 50.
Mr. Samuel E. Roper, of Birmingham, Ala., for the A. F. L.
Mr. R. E. Farr, of Birmingham, Ala., for the C. I. 0.
Mr. Joseph W. Kulkis, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by District 50, United Mine Workers of
America, herein called District 50, alleging that a question affecting
commerce had arisen concerning the representation of employees of
DeBardeleben Coal Corporation, Holt, Alabama, herein called the
Company, the-National Labor Relations Board provided for an ap-
propriate hearing upon due notice before Charles W. Schneider, Trial
Examiner. The hearing was held at Birmingham, Alabama, on No-
vember 19, 1943. The Company, although served with notice of hear-
ing, did not appear at the hearing. District 50 and the American
Federation of Labor, Federal Local No. 22841, herein called the A. F.
of L., and the United Steelworkers of America, CIO, herein called
the C. I. 0.,' appeared, participated, and were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues, and to file briefs with the
Board. The Trial Examiner's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
DeBardeleben Coal Corporation, a Delaware corporation, has its
office and place of business in Holt, Alabama, where it is engaged in
1 The C. I. 0. withdrew from the proceedings at the commencement of the hearing.
54 N. L. R. B., No. 21.
100
DE BARDELEBEN COAL CORPORATION 101
the manufacture 'of coke and coal byproducts such as gas, tar, light
oil, and ammonium sulphate. During a 12-month period the Com-
pany purchased for use at its Holt, Alabama, plant, raw materials
consisting of 3,500 tons of sulphuric acid of a value in excess of
$35,000, of which 51 percent was obtained from States other than the
State of Alabama. During the same period, the Company produced
at its Alabama plant, 190,000 tons of coke, of which 21,000 tons were
shipped to points outside the State of Alabama. We find that the
Company is engaged in commerce within the meaning of the National
Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
District 50, United Mine Workers of America, and the American
Federation of Labor, Federal Local No. 22841, are labor organizations
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On December 1, 1942, the Company and the A. F. L., by addendum
to an original contract executed December 1, 1941, entered into an
exclusive closed-shop contract effective to December 1, 1943, and subject
to a 60-day automatic renewal clause. On or about September 21,
1943, more than 60 days prior to the expiration date of the aforesaid
contract, District 50 advised the Company by letter that it represented
a majority of the Company's production employees at Holt, Alabama,
and requested recognition as their exclusive bargaining agent. The
Company has at no time acknowledged District 50's request for rec-
ognition as exclusive bargaining agent.
A statement of the Field Examiner of the Board, introduced into
evidence at the hearing, indicates that District 50 represents a sub-
stantial number of employees in the unit hereinafter found appro-
priate.'
We find that a question affecting commerce had arisen concerning
the representation of employees of the Company within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
District 50 and A. F. L. seek a unit comprised of all employees of
the Company, excluding patrolmen, clerical employees, supervisors,
and foremen having the right to hire and discharge. The Company
has taken no position with respect thereto.
2 The report of the Field Examiner shows that District 50 submitted 172 membership
cards bearing apparently genuine signatures of 162 persons; 94 of which appear on the
September 21, 1943, pay roll of the Company, which contains the names of 142 persons
within the alleged appropriate unit.
102 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that all employees of the Company, excluding patrolmen,
clerical employees, supervisors, foremen having the' right to hire and
discharge, and all other supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the,
status of employees, or effectively recommend such action, constitute an
,unit appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the Acts
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of our Direction of Election
herein,4 subject to the limitations and additions set forth in the
Direction.'
DIRECTION OF ELECTION
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, and pursuant to Article III, Section 9, of National Labor,
Relations Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with DeBardeleben
Coal Corporation, Holt, Alabama, an election by secret ballot shall
be conducted as early as possible, but not later than thirty (30) days
from the date of this Direction, under the'direction and supervision
of the Regional Director for the Tenth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to
Article III, Sections 10 and 11, of said Rules and Regulations, among
the employees in the unit found appropriate in Section IV, above,
who were employed during the pay-roll period immediately pre-,
ceding the date of this Direction, including employees who did not
work during said pay-roll period because they were ill or on vacation
or temporarily laid off, and including employees in the armed forces,
of the United States who present themselves in person at the polls,
but excluding employees who have since' quit or been discharged for
cause and have not been rehired of reinstated prior to the date of the
election, to determine whether they desire to be represented by District
50, United Mine Workers of America, by American Federation of
Labor, for the purposes of collective bargaining, or by neither.
3 This unit - is substantially the same as covered by the contract between the Company
and the A. F. L
4 District 50 and A F. L. requested the pay-roll date of November 15, 1943. Inasmuch•
as no valid reason was presented warranting a departure from our usual practice, the re-
quest is hereby denied. ,
The A F L requested that it be designated on the ballot as "American Federation of
Labor." This request is hereby granted.