Newcoal Corp.

National Labor Relations Board - Board Decisions

Jan 18, 1940

19 N.L.R.B. 619 (N.L.R.B. 1940)

In the Matter of NEWCOAL CORPORATION 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 NEWCOAL CORPORATION and UNITED MINE WORKERS
OF AMERICA , DISTRICT #23, AFFILIATED WITH THE C. I. O.
Cases Nos. C-1410 and R-1609, respectively
CERTIFICATION OF REPRESENTATIVES
January 18, 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 11, 1939, near
Anton, Kentucky, under the direction and supervision of the Regional
Director for the Eleventh Region (Indianapolis, Indiana). On
December 15, 1939, the Regional Director, acting pursuant to Article
III, Section 9, of National Labor Relations Board Rules and Regu-
lations-Series 2, issued and duly served upon the parties an Election
Report containing a tally of the ballots, and his findings and recom-
mendations. No objections to the conduct of the ballot or the Election
Report have been filed by any of the parties.
The Regional Director reported the following results of the
balloting :
Total number of eligible voters______________________________ 73
Total number of ballots cast_________________________________ 69
Total number of ballots counted____ __________________________ 67
Total number of ballots cast for United Mines Workers of
America, District #23, affiliated with the C. I. 0.__________ 35
Total number of ballots cast for Progressive Mine Workers of
America, District #5, affiliated with the A. F. of L___________ 32
Total number of ballots cast for neither organization ---------- 0
Total number of blank ballots________________________________ 0
Total number of void ballots_______________________________ 0
Total number of challenged ballots__ ________________________ 2
117 N. L. R . B. 617.
19 N. L . R. B., No. 64.
619
620 DECISIONS OF NATIONAL LABOR RELATIONS, BOARD
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of
National Labor Relations Board Rules and Regulations-Series 2,
IT IS HEREBY CERTIFIED that United Mine Workers of America, Dis-
trict #23, affiliated with the C. I. 0., has been designated and selected
by a majority of the persons employed in the mining operations of the
Newcoal Corporation, Madisonville, Hopkins County, Kentucky, as
production employees, excluding superintendents, mine foremen, sec-
tion foremen, room bosses, face bosses, top bosses, entry bosses, electri-
cians 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, Dis-
trict #23, affiliated with the C. I. 0., 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 con-
ditions of employment.