Providence Coal Mining Co.

National Labor Relations Board - Board Decisions

Nov 8, 1940

27 N.L.R.B. 1245 (N.L.R.B. 1940)

In the Matter of PROVIDENCE COAL MINING COMPANY- and UNITED MINE
WORKERS OF AMERICA DISTRICT #23
Case No. R-2114.-Decided November 8, 1940
Jurisdiction : coal mining industry.
Investigation and Certification, of Representatives : existence of question : con-
flicting claims of rival representatives ; election necessary.
Unit Appropriate for Collective Bargaining : all persons employed in the mining
operations at two mines of the Company as production employees, excluding
superintendents, mine foremen, section foremen, room bosses, face bosses,
top bosses, entry bosses, electricians in a supervisory capacity, all other
subervisory employees, and guards or watchmen.
Mr. W. Fred Hume, of Providence, Ky., for the Company.
Mr. Edward J. Morgan and Mr. L. R. Fox, of Madisonville, Ky.,
for the United.
Mr. Edwin Bowen, of Madisonville, Ky.; for the Progressive.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On July 10, 1940, United Mine Workers of America District #23,
herein called the United, filed with the Regional Director for the
Eleventh Region -(Indianapolis, Indiana) a petition alleging that a
question affecting commerce had arisen concerning the representation
of, employees of Providence Coal Mining Company, Providence, Ken-
tucky, herein called the Company, and requesting an investigation
and certification of representatives pursuant to Section 9 (c) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.
On September 27, 1940, the National Labor Relations Board, herein
called the Board, acting pursuant to Section 9 (c) of the Act and
Article III, Section 3, of National Labor Relations Board Rules
And, Regulations=Series 2, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice.
27 N L. R. B., No. 205.
1245
1246 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On October 15, 1940, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, the
United, and Progressive Mine Workers of America, District 5, herein
called the Progressive, a labor organization claiming to represent em-
ployees directly affected by the investigation. Pursuant to notice, !a
hearing was held on October 24, 1940, at Providence, Kentucky, be-
fore'Arthur R. Donovan, the Trial Examiner duly designated by the
Board. The Company, the United, and the Progressive were repre-
sented by counsel and participated in the hearing. Full opportunity
to be heard, to examine and cross-examine witnesses, and to intro-_
duce evidence bearing on the issues was afforded all parties. At the
commencement of the hearing, the Trial Examiner granted a motion
by the Progressive to intervene in the proceeding. During the course
of the hearing the Trial Examiner ,made several rulings on other
motions and on objections to the admission of evidence. The Board
has reviewed all the rulings of the Trial Examiner and finds that no
prejudicial errors were committed. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Providence Coal Mining Company is a Delaware corporation oper-
ating two mines in the area of Providence, Kentucky. It mines ap-
proximately 1400 tons of coal per day, approximately 60 per cent of
which is shipped by it to points outside the State of Kentucky. The
Company admits that it is engaged in interstate commerce within the
meaning of the Act.
_ , II. THE ORGANIZATIONS, INVOLVED
United Mine Workers of America District #23 is a labor organi-
zation affiliated with the Congress of Industrial Organizations. It
admits to membership all persons employed in the mining operations
at the two mines of the Company as production employees, exclud-
ing 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 watchmen.
Progressive Mine Workers of America, District 5, is a labor organ-
ization affiliated with the American Federation of Labor. It admits
to membership the same classes of employees of the Company as the
United.
I
PROVIDENCE COAL MINING COMPANY 1247
III. THE QUESTION CONCERNING REPRESENTATION
The Company stated that it would -not recognize either the United
or the Progressive as the exclusive representative of its employees
until one of them has been so certified by the Board. A statement
of the Trial Examiner- read into the record at the hearing shows that
the United represents a substantial number of employees in the unit
alleged by it to be appropriate.'
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE -
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States
and tends to lead to labor disputes burdening and obstructing com-
merce and the free flow of commerce, -
V. THE APPROPRIATE UNIT
' The United and the Progressive,urge that all persons employed in
1he mining operations at Mine 3 and Luton mine of the Company as
production employees, excluding superintendents, mine foremen, sec-
tion foremen, room bosses, face bosses, top bosses, entry bosses, elec-
tricians in a supervisory capacity, all other supervisory employees,
and guards or watchmen, constitute an appropriate unit. The Com-
pany contends that the above employees, in Mine 3 and Luton mine
should constitute separate units. -
Mine 3 and Luton mine are 41/2 miles apart and although each has,
a separate foreman, the general manager of the Company is in com'
plete control of both mines. The Company maintains the same wage
scale for the employees in both' mines, keeps a common pay roll for
both mines, and the employees in both mines receive their salaries at
the same paymaster's booth. The Luton mine was purchased by the
Company in July 1940, and the general manager of the Company
stated that inasmuch as the Company has had no occasion to inter-
change employees between its two mines, it had formulated no policy
as to the interchange of employees in the future.
'The Trial Examiner ' s statement shows that 90 employees of the approximately 246
employees in the alleged appropriate unit have signed-application authorization cards in
the United. No evidence of the I'rogressivei's clams to a malorih' was submitted to the
Trial Examiner or the Regional Director The United agreed , however, that the Pro-
giessive has some representation' among the eniploi ee, of the Company
1248 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find -that all persons_ employed in the mining operations at
Mine '3 and Luton mine of the Company as production employees,
excluding superintendents , mine foremen , section foremen, room
bosses, face bosses, top bosses, entry bosses, electricians in asuper-
visory capacity, all other supervisory employees, and guards or watch-
men, constitute a unit appropriate for the purposes of collective bar-
gaining and that such unit will insure to employees of the Company
the full benefit of their right , to self-organization and to collective
bargaining and otherwise effectuate the policies, of the Act.
VI., THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the repre-
sentation of employees of the Company can best be resolved by an
election by secret ballot. The parties agreed at the hearing that in
the event the Board directed an election, eligibility of employees to
Tote should be determined by the Company's pay roll of October 15,
1940, including employees who did not'work during such pay-roll
period because they *ere ill or on vacation and employees who were
then or have since been temporarily" laid off. The parties agreed at
the hearing that the Words "temporarily laid off" referred to em-
ployees who have not been off the pay roll for more than 2 months.
We find that those employees of the Company within the appropriate
unit whose names appear on the Company's pay roll of October 15,
1940, shall be eligible to vote, including employees who did not workM 2f)
during such pay-roll period because they were ill or on vacation and
employees who were then or have since been temporarily laid off, but
excluding,employees who have since quit or been discharged for cause.
Upon the basis of the above findings of fact and upon the entire
record in the case,, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Providence Coal Mining Company, Provi-
dence, Kentucky,'within the meaning of,Section 9 (c) and Section 2
(6) and (7) of the National Labor Relations Act.
2. All persons employed in the mining operations at Mine 3 and
Luton mine of the Company 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 watchmen, constitute
a unit appropriate for the purposes of collective bargaining , within
the meaning of Section 9 (b of the National Labor Relations Act.
PROVIDENCE COAL MINING COMPANY 1249
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 Relations
Act, and, pursuant to Article III, Section 8, of National Labor, Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRrCTE'D that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Providence Coal Mining Company, Providence, Kentucky, 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 Elev-
enth Region, acting in 'this matter as agent of the National Labor
Relations Board, and subject to Article III,-Section 9, of said Rules
and Regulations, among all persons employed in the mining opera-
tions at Mine 3 and Luton mine of the Company as production em-
ployees whose names appear on the Company's pay roll of October
15, 1940, including employees who did not work during such pay-roll
period because they were ill or on vacation and employees who were
then or have since been temporarily laid off, but excluding superin-
tendents, mine foremen,, section foremen, room bosses, face bosses, top
bosses, entry bosses, electricians in a supervisory capacity, all other
supervisory,employees, guards or watchmen, and employees who have
since quit or been discharged for cause, to determine whether they
desire to be represented by United Mine Workers of America District
#23, affiliated with the Congress of Industrial Organizations, or by
Progressive Mine 'Workers of America, District 5, affiliated with the
American Federation of Labor, for the purposes of collective bargain-
ing, or by neither.
823428-42-vol. 27-80