Diamond Coal Co.

National Labor Relations Board - Board Decisions

Jul 25, 1940

25 N.L.R.B. 857 (N.L.R.B. 1940)

In the- Matter of DIAMOND COAL COMPANY and UNITED MINE
WORKERS OF AMERICA DISTRICT #23
Case No. B-1859
CERTIFICATION OF REPRESENTATIVES
July 25, 1940
On June 12, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding.' Pursuant to the Direction of Election,
an election by secret ballot was conducted on July 6, 1940, under the
direction and supervision of the Regional Director for the Eleventh
Region (Indianapolis, Indiana). On July 10, 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------------ 337
Total number voted---------------------------------------- 325
Total number of valid votes cast----------------------------
Total number of votes for the United Mine Workers of
322
America, District No. 23, affiliated with the CIO ------------ 174
Total number of votes for the Progressive Mine Workers of
America, District No. 5, affiliated with the AFL------------ 41
Total number of votes for neither organization--------------- 107
Total number of blank ballots------------------------------ 0
Total number of void ballots-------------------------------- 1
Total number of challenged ballots-------------------------- 2
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 United Mine Workers of America, Dis-
trict #23, affiliated with the Congress of Industrial Organizations,
1 24 N L R B 611
25 N. L . R. B, No. 95.
857
858 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
has been designated and selected by a majority of the production em-
ployees in Mine 1 and Mine 2 of Diamond Coal Company, Provi-
dence, Kentucky, excluding superintendents, mine foremen. section
foremen, room bosses, face bosses, top bosses, entry bosses, electri-
cians in a supervisory capacity, all other supervisory employees,
guards, and 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 Congress of Industrial Organizations, is the exclusive repre-
sentative of all such employees for the purposes of collective bargain-
ing in respect to rates of pay, wages, hours of employment, and
other conditions of employment.
MR. WILLIAM M. LEISERSON took no part in the consideration of the
above Certification of Representatives.