Low Moisture Coal Co., Inc.

National Labor Relations Board - Board Decisions

Jul 6, 1942

42 N.L.R.B. 71 (N.L.R.B. 1942)

In the Matter of Low MOISTURE COAL COMPANY, INC. and UNITED
MINE WORKERS OF AMERICA, DISTRICT No 23
Case No R-3756
SUPPLEMENTAL DECISION
AND
SECOND DIRECTION OF ELECTION
July 6, 194.
On May 18, 1942, the National Labor Relations Board issued a
Decision and Direction of Election in the above entitled proceeding,
and on May 29,-1942, an Amendment to Direction of Election.2
Pursuant to the Direction of Election, as amended, an election by
secret ballot was conducted on June 12, 1942, under the direction and
supervision of the Regional Director for the Eleventh Region
(Indianapolis, Indiana). On June 16, 1942, the Regional Director,
acting pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, issued and
duly served upon the parties an Election Report.
- As to the balloting and its result, the Regional Director reported
as follows.
Total on eligibility list------------------------------------ 51
Total ballots cast ------------------------- ---------------- 50
Total ballots challenged---------------------------------- 0
Total blank ballots--------------------------------------- 0
Total void ballots---------------------------------------- 0`
Total valid votes counted-------------------------------- 50
Votes cast foi United Mine Workeis of America, District- -
No 23------------------------------------------------- 25
Votes cast for Progressive Mine Workers of America------- 24
Votes cast for neither------------------------------------ _1
-
Thereafter, United Mine Workers of America, District No. 23,
herein called the U. M W, filed objections to the conduct of the
election The Progressive Mine Workers of America, herein called
the Progressive, filed a response to the objections. In its objections,
the U. M. W. protested our action in according the Progressive,
which had not appeared at the hearing, a place on the ballot if the
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72 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Progressive notified the Regional Director within 5 days after the
date of the Direction of its desire to appear on the ballot We have
considered the objections of the U M W and the response of the
Progressive thereto We find that the objections have no merit, and
they are hereby overruled
On June 15, 1942, the Progressive requested that a run -off election
be held, since neither of the competing labor organizations ieceived
a mad of ity of the -votes cast The results of the election show that
a substantial majority of the employees in question desire to bar-
gain collectively with the Company . Accordingly , we shall direct
a run-off election , in which such employees will be given an oppor-
tunity to decide whether they desire to be represented by the U M W.
of by the Progressive , for the purposes of collective bargaining
SECOND 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 , 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
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Low Moisture
Coal Company, Inc, Providence, Kentucky, an election by secret bal-
lot shall be conducted as early - as possible , but not later than thirty
(30) days from the date of this Second Direction of Election,
under the direction and supervision of the Regional Director for
the Eleventh Region, acting in this matter as agent for the National
Labor Relations - Board, and subject- to Article III, Section 9, of said
Rules and Regulations , among all employees who were eligible to
vote in the election conducted pursuant to the Direction of Election
issued May 18, 1942 , but excluding those who have since quit or been
discharged for cause, to determine whether they desire to be repre-
sented by United Mine Workers of America, District No 23, or by
Progressive- Mine Workers of America, for the purposes of collective
bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Supplemental Decision and Second Direction of Election
In the Matter of Low MOISTURE COAL COMPANY, INC, and UNITED
MINE WORKERS OF AMERICA, DISTRICT No. 23
Case No. R-3.56
CERTIFICATION OF REPRESENTATIVES
Case No B-3756
On May 18, 1942, the National Labor Relations Board issued a De-
cision and Direction of Election in the above-entitled proceeding,'
and on May 29, 1942, an Amendment to Direction of Election,' and on
July 6, 1942, a Supplemental Decision and Second Direction of Elec-
tion 3 Pursuant to the Second Direction of Election, a run-off election
by secret ballot was conducted on July 15, 1942, under the direction
and supervision of-the Regional Director for the Eleventh Region (In-
dianapolis, Indiana) On July 16, 1942, the Regional Director, acting
pursuant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 2, as amended, issued and duly served
upon the parties a Report on Run-off Election No objections to the
conduct of the ballot or to the Report on Run-off Election have been
filed by any of the parties
As to the balloting in the run-off election and its results, the Regional
Director reported as follows
Total on eligibility list________________________________________ 50
Total ballots cast____________________________________________ 49
Total ballots challenged_______________________________________ 4
Total blank ballots___________________________________________ 0
Total void ballots_____________________________________________ 0
Total valid votes counted_____________________________________ 45
Votes cast for United Mine Woikers of America, District No 23__ 28
Votes cast for Progressi-ve Mine Woikers of America____________ 17
By virtue of and pui suant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
49 Stat 449, and puisuant 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, Dis-
trict No 23, has been designated and selected by a majority of all per-
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74 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
sons employed as production employees in the mining operations of
Low Moisture Coal Company, Inc, Providence, Kentucky, excluding
superintendents, mine foremen, section foremen, room bosses, face
bosses, top bosses, entry bosses, electricians engaged 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,
United Mine Workers of America, District No 23, is the exclusive rep-
resentative of all such employees for the purposes of collective bargain-
ing in respect to rates of pay, wages, hour s of employment, and other
conditions of employment