Ruckman Coal Co.

National Labor Relations Board - Board Decisions

Feb 28, 1940

20 N.L.R.B. 947 (N.L.R.B. 1940)

In the Matter Of RUCKMAN COAL COMPANY and UNITED MINE WORK-
ERS OF AMERICA, DISTRICT #23, AFFILIATED WITH THE C. I. O. and
PROGRESSIVE MINE `YORKERS OF AMERICA, DISTRICT #5, AFFILIATED
WITH THE A. F. OF L., PARTY TO THE CONTRACT
In the Matter of RUCKMAN COAL COMPANY and UNITED MINE WORK-
ERS OF AMERICA, DISTRICT #23, AFFILIATED WITH THE C. I. O.
Cases Nos. C-1409 and R-1606, respectively
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
February 28,1940
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,l and on November 21, 1939, issued an
amendment thereto in accordance with a stipulation of the parties
correcting certain inadvertent errors. Pursuant to the Direction of
Election, as amended, an election by secret ballot was conducted on
December 11, 1939, near Providence, Kentucky, under the- direction
and supervision of the Regional Director for the Eleventh Region
(Indianapolis, Indiana). On December 16, 1939, the Regional Di-
rector, 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, and his findings and recommendations. As to the balloting
and its results, the Regional Director reported as follows :
Total number of eligible voters______________________________ 130
Total number of ballots cast________________________________ 119
Total number of ballots counted_____________________________ 110
Total number of ballots cast for United Mine Workers of
America, District #23, affiliated with the C. I. O__________ 16
Total number of ballots cast for Progressive Mine Workers of
America, District #5, affiliated with the A. F. of L_________ 92
Total number of ballots cast for neither organization---------- 2
Total number of blank ballots_______________________________ 1
Total number of void ballots________________________________ 2
Total number of challenged ballots__________________________ 6
1 17 N. L. R. B. 604.
20 N. L. R. B., No. 91.
947
948 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
In his Election Report, the Regional Director made no ruling on
the six challenged ballots, as the results of the election would not be
materially affected by their disposition.
On December 26, 1939, United Mine Workers of America, District
#23, affiliated with the Congress of Industrial Organizations,
herein called the United, filed objections to the Election Report and
affidavits in support of its objections, and requested that the election
be set aside. The United objected to the conduct of the ballot and
the Election Report upon the grounds, inter alga, that Ruckman Coal
Company, Providence, Kentucky, herein called the Company, intimi-
dated, coerced, and influenced its employees to vote for Progressive
Mine Workers of America, District #5, affiliated with the American
Federation of Labor, herein called the Progressive, whereas they
actually desired the United as their bargaining representative.
On January 2, 1940, the Progressive filed a document captioned
"Special Demurrer," in which it contended that the United was barred
from objecting to the Election Report because the United's objections
had not been filed within the time limit provided in National Labor
Relations Board Rules and Regulations-Series 2 2 On January 5,
1940, the Progressive filed its answer and affidavits in support thereof.
In its answer the ' Progressive denied the allegations made by the
United and prayed that the objections be overruled, and that the
Progressive be certified as the representative of the Company's
employees.
On January 10, 1940, 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 Election Report, in which after investigation he re-
ported each of the objections to be without merit and overruled them.
The Board has considered the Election Report, the objections and
affidavits filed by the United, the answer and affidavits filed by the
Progressive, and the Report on Objections to Election Report, and
finds that the objections filed by the United do not raise substantial
.or material issues with respect to the conduct of ballot or the Election
Report, and the Regional Director's rulings with respect to them are
hereby affirmed, and the United's request that the election be set aside
is hereby denied.
2 Concerning the "Special Demurrer ," the Regional Director, in a letter to the Progres-
sive stated that the United States Post Office Return Receipts for copies of the Election
Report served upon the United show that the United received the Election Report on
December 18, 1939 , that the United's letter of transmittal attached to its Objections to
Election Report was dated December 22 , 1939 ; that the Board's Eleventh Regional Office
was closed for the holiday period on December 23, 24 , and 25 , 1939, and that the United's
objections were delivered to the Eleventh Regional Office on December 26, 1939. The
Regional Director ruled that the United 's objections were timely . The Board hereby
.affirms the Regional Director ' s ruling.
RUCKMAN COAL COMPANY 949
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 Progressive Mine Workers of America,.
District #5, affiliated with the American Federation of Labor, has
been designated and selected by a majority of the persons employed
in the mining operations of Ruckman Coal Company, Providence,
Webster County, Kentucky, as production employees, excluding super-
intendents, mine. foremen, .sectioli, 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 National Labor Relations Act, Pro-
gressive Mine Workers of America, District #5, affiliated with the
American Federation of Labor, 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 conditions of
employment.
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