Flat Creek Coal Co.

National Labor Relations Board - Board Decisions

Mar 29, 1940

22 N.L.R.B. 52 (N.L.R.B. 1940)

In the Matter of FLAT CREEK COAL COMPANY 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 THE A. F. OF L., PARTY TO THE CONTRACT
In the Matter of FLAT CREEK COAL COMPANY and UNITED MINE
WORKERS OF AMERICA, DISTRICT #23, AFFILIATED WITH THE C. I. O.
Cases Nos . C-1403 and R-1603, respectively
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
March 29, 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,' and on December 11, 1939, in accordance
with a stipulation of the parties, issued an amendment thereto cor-
recting certain inadvertent errors. Pursuant to the Direction of
Election, as amended; an election by secret-ballot was -conducted on
December 11, 1939, near Anton, Kentucky, under the direction and
supervision of the Regional Director for the Eleventh Region (Indi-
anapolis, Indiana). On December 16, 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, his
findings and recommendations.
As to the balloting and its results, the Regional Director reported
as follows :
Total number of eligible voters ______________________________ 85
Total number of ballots cast_______________________________ 81
Total number of ballots counted__ ___________________________ 77
Total number of ballots cast for United Mine Workers of
America, District #23, affiliated with the C. I. O___________ 47
Total number of ballots cast for Progressive Mine Workers of
America, District #5, affiliated with the A . F. of L-------- 29
Total number of ballots for neither organization_____________ 1
Total number of blank ballots _______________________________ 0
Total number of void ballots___ _____________________________ 0
Total number of challenged ballots__________________________ 4
117 N L R. B. 546
22 N. L. R. B., No. 6.
52
FLAT CREEK COAL COMPANY 53
In his Election Report the Regional Director made no ruling on
the four challenged ballots, as the result of the election would not be
materially affected by their disposition.
On December 22, 1939, Flat Creek Coal Company, Madisonville,
Hopkins County, Kentucky, herein called the Company, filed its
objections to the Election Report and an affidavit in support of its
objections, and requested the privilege of amending its objections
thereafter when it had completed an investigation it was then mak-
ing. The company objected to the conduct of the ballot and to the
Election Report upon the grounds, inter alia, that the Board's agents
in charge of the election had in various ways favored United Mine
Workers of America, District No. 23, affiliated with the Congress
of Industrial Organizations, herein called the United, and that the
United had intimidated and improperly influenced the Company's
employees.
On December 26, 1939, a petition was filed by an attorney who
claimed to represent 43 persons alleged to be employees of the Com-
pany. The petition alleges that the said 43 employees cast a majority
of the valid votes in the election; that each of them intended to vote
for Progressive Mine Workers of America, District No. 5, affiliated
with the American Federation of Labor, herein called the Pro-
gressive; that each of them believes that he voted for the Progressive;
and that if they voted for the United it was through error. The
petition also requested that the election be set aside and that a new
election be held.
On December 28, 1939, the United filed a document captioned
"Demurrer, Motion and Answer to Objections," in which it denied
the allegations made by the Company, and prayed that the objec-
tions be overruled and that the United be certified as the representa-
tive of the Company's employees.
On December 27, 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 Conduct of the Ballot and Election Report, in
which, after investigation, he reported each of the objections made
by the Company to be without merit and overruled them, and recom-
mended that the Company not be permitted to amend its objections
at a later date when it had completed the investigation it was
allegedly making. The Regional Director referred the petition on
behalf of the 43 individuals to the Board without recommendation.
The Board has considered the Election Report, the objections and
affidavit filed by the Company, the answer filed by the United, the
petition filed on behalf of the 43 individuals, and the Report on
Objections to Conduct of the Ballot and Election Report, and finds
28303 :-41-v of 22-a
54 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
that the objections filed by the Company and the petition filed on
behalf of the 43 individuals do not raise substantial or material
issues with respect to the conduct of the ballot or to the Election
Report. The Regional Director's ruling with respect to the objec-
tions are hereby affirmed. The Company's request for permission
to amend its objections and the request by the 43 individuals that
the election be set aside and a new election held are hereby denied.
CERTIFICATION OF REPRESENTATIVES
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 United Mine Workers of America,
District No. 23, affiliated with the Congress of Industrial Organiza-
tions, has been designated and selected by a majority of the persons
employed in the mining operations of the Flat Creek Coal Company,
Madisonville, Hopkins County, Kentucky, as production employees,
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 "watch-
men," as their representative for the purposes of collective bargaining
and that pursuant to Section 9 (a) of the National Labor Relations
Act, United Mine Workers of America, District No. 23, affiliated
with the Congress of Industrial Organizations, is the exclusive repre-
sentative of all such employees for the purposes of collective bargain-
ing in respect to rates of pay, wages, hours of employment, and other
conditions of employment.
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