Providence Coal Mining Co.

National Labor Relations Board - Board Decisions

Nov 30, 1940

28 N.L.R.B. 254 (N.L.R.B. 1940)

In the Matter Of PROVIDENCE COAL MINING COMPANY and UNITED
MINE WORKERS OF AMERICA , DISTRICT #23
Case No. R-3114
AMENDMENT TO DIRECTION OF ELECTION
November 30, 1940
On November 8, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in
the above-entitled proceeding.' The Direction of Election directed
that an election by secret ballot be conducted as early as possible,
but not later than thirty (30) days from the date of the Direction,
among all persons employed in the mining operations at Mine 3
and Luton Mine of the Company as production employees whose
names appear on the Company's pay roll of October 15, 1940, in-
cluding employees who did not work during such pay-roll period
because they were ill or on vacation and employees who had then
or had since been temporarily laid off, but excluding superintendents,
mine foremen, section foremen, room bosses, face bosses, top bosses
entry bosses. electricians in a supervisory capacity, all other super-
visory 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 Dis-
trict #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 collec-
tive bargaining, or by neither.
The Board, having been advised that Progressive Mine Workers
of America, District 5, affiliated with the American Federation of
Labor, does not desire its name to appear on the ballot, hereby
amends the Direction of Election by striking therefrom the words
"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 bargaining, or by neither,"
1 27 N. L. R. B 1245.
28 N. L. R. B., No. 44
254
PROVIDENCE: COAL MINING, COMPANY 255
and substituting therefor the words "to determine whether or not
they desire to be represented by United Mine Workers of America
District #23, affiliated with the Congress of Industrial Organiza-
tions, for the purposes of collective bargaining."
CHAIRMAN HARRY A. MILLIS took no part in the consideration
of the above Amendment to Direction of Election.
SAME TITLE]
CERTIFICATION OF REPRESENTATIVES
December 23, 1940
On November 8, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in'the
above-entitled proceeding.' On November 30, 1940, the Board -issued
an Amendment to Direction of Election.' Pursuant to the Direction
of Election, as amended, an election by secret ballot was conducted
on December 5, 1940, under the direction and supervision of the
Regional Director for the Eleventh Region (Indianapolis, Indiana).
On December 7, 1940, 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 an Election Report on the ballot. No objections to the
conduct of the ballot or the Election Report have been filed by any
of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total number of employees alleged eligible to vote---------- 234
Total number of employees voted____________________________ 225
Total number of valid votes east___________________________ 218
Total number of votes for United Mine Workers of America,
District #23, affiliated with the CIO______________________ 121
Total number of votes against United Mine Workers of Amer-
ica, District #23, affiliated with the CIO__________________ 97
Total number of blank ballots_______________________________ 0
Total number of void ballots________________________________ 0
Total number of challenged ballots___________________________ 7
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 Regula-
tions-Series 2, as amended, -
127 N L. R. B. 1245.
228 N. L. R. B., No. 44.
256 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IT Is HEREBY CERTIFIED • that United Mine Workers of America,
District #23, affiliated with the Congress of Industrial Organiza-
tions, has been designated and selected by a majority of all persons
employed as-production employees in the mining operations at Mine
3 and Luton mine of Providence Coal Mining Company, Providence,
Kentucky, 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, as their representative for the purposes of collective
bargaining, and that, pursuant to Section 9 (a) of the Act, United
Mine Workers of America, District #23, affiliated with the Con-
gress of Industrial Organizations, is the exclusive representative of
all such employees for the purposes of collective bargaining in re-
spect to rates of pay, wages, hours of employment, and other
conditions of employment.
28 N. L . R. B., No. 44a.