Christian Coal Co.

National Labor Relations Board - Board Decisions

Aug 19, 1946

70 N.L.R.B. 161 (N.L.R.B. 1946)

In the Matter of THOMAS CHRISTIAN, D/B/A 'CHRISTIAN COAL COM-
PANY, EMPLOYER and UNITED MINE WORKERS OF AMERICA, DISTRICT
23, PETITIONER -
Case No. 11-R-1070.-Decided August 19, 19.16
Withers & Lism'an, by Mr. W. Fred Hume, of Providence, Ky.,
for the Employer.
.;.iliessrs. Earl Suver and Ed. J. Moran, both of Madisonville, Ky.,
for the Petitioner.
Mr.'Martin T. Camacho, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon an amended petition duly filed, hearing-in this case was held
at Wheatcroft, Kentucky, on July 2, 1946, before Arthur R. Dono-
van, Trial Examiner. The Trial ,Examiner's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Thomas Christian, d/b/a Christian Coal Company is a firm solely
owned and operated by one Thomas Christian. It is engaged in the
business of mining and selling bituminous coal in Webster County,
Kentucky, and has its principal office at Sturgis, Kentucky: During
1945 its purchases of raw materials such as feed, lumber, powder,
fuse, and repair .parts, for use in the maintenance of its operations
amounted to approximately $21,075.35. An estimated 15 percent of
these purchases was made from points outside the Commonwealth
of Kentucky. For the same period the Employer's sales of mined
coal were in excess of $100,000, of which an estimated 10 percent was
shipped to points outside the Commonwealth of Kentucky.
Thomas Christian testified at the hearing that presently 50 tons of
the approximately.,250 tons of coal'mined daily is sold alternately to
70 N. L. R. B., No. 16-
161
162 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
West Kentucky Company and/or Meador, Young & Holt Coal Com-
pany? The record indicates that both of these companies are engaged
in interstate commerce in the sale and distribution of coal in and outside
the Commonwealth of Kentucky.2
We find that the Employer is engaged in commerce within the mean-
ing of the National Labor Relations Act.3
H. THE ORGANIZATION INVOLVED
The Petitioner is a' labor organization affiliated with American
Federation of Labor claiming to represent employees of the Employer.
-III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with the stipulation of the parties, that all
production and maintenance employees of the Employer; but excluding
watchmen, inspectors, -office, and clerical employees, sales and/or tech-
nical employees, head electricians, head mechanics, fire bosses, mine
foremen, and all or any other supervisory employees with authority to
hire, promote, discharge, discipline, or otherwise effect changes in the
status of employees, or effectively recommend such action, constitute
a unit appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.
1 R. D. Holt , general manager , Meador, Young & Holt Company , testified that his com-
pany purchased 5 carloads of coal or 250 tons of coal weekly from the Employer
2R. D. Holt, general manager, Meador , Young & Holt Company testified that the Em-
ployer has consistently requested that the coal purchased by his Company be resold and dis-
tributed wherever at all possible only within the Commonwealth of Kentucky , that, how-
ever, his Company has not been able to comply with the Employer's request , that it
,conservative estimate of 10 percent of coal purchased from the Employer has been shipped
outside the Commonwealth of Kentucky. Holt further testified that 50 percent of all the
coal purchased by his Company is shipped outside the Commonwealth of Kentucky ; that
in many instances the remaining 50 percent goes to industries engaged in interstate com-
merce ; that some of the coal purchased from the Employer is sold to the aforesaid
-industries
3 See Matter of Armour Fertilizer Works, Division of Armour and Company, 65 N. L. R. B
796; in the Matter of Crowe Coal Company, 9 N. L It. B. 1149, enforced 104 F . ( 2d) 633
(C. C A. 8), cert. denied 308 U. S 584. -
CHRISTIAN COAL COMPANY
DIRECTION OF ELECTION
163
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with Thomas Christian , d/b7a-Christiaxi
Coal Company , 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 Eleventh Region, acting in this matter as agent for the National
Labor Relations Board, and subject to Article III, Sections 10 and 11,
of National Labor Relations Board Rules and Regulations-
Series 13, as amended , among the employees in the unit found appro-
priate in Section IV, above, who were employed during the pay-roll
period immediately preceding the date of this Direction , including
employees who did not work during said pay-roll period because they
were ill or on vacation or temporarily laid off , and including employees
in the armed forces of the United States who present themselves in
person at the polls , but excluding those employees who have since quit
or been discharged for cause and have not been rehired or reinstated
prior to the date of the election , to determine whether .or not they
desire to be represented by United Mine Workers of America, Dis-
trict 23, for the purposes of collective bargaining. -
712344-47-vol. 70--12