Miller Todd Coal Co.

National Labor Relations Board - Board Decisions

Oct 15, 1943

52 N.L.R.B. 1418 (N.L.R.B. 1943)

In the Matter of MILLER TODD COAL COMPANY and DISTRICT 31, UNITED
MINE WORKERS OF AMERICA
Case No. 6-R-790.-Decided October 15, 1943
Mr. Myron B. Hynes, of Buekhannon , W. Va., and Mr . James M.
Guiher, of Clarksburg , W. Va., for the Company.
Mr. C. J. Urbaniok and Mr . Johln Baynaird , of Fairmont , W. Va.,
for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by District 31, United Mine Workers of
America, herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Miller Todd Coal Company, Adrian, West Virginia, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before W. G. Stuart Sherman,
Trial Examiner. Said hearing was held at Buckhannon, West Vir-
ginia, on September 27, 1943. The Company and the Union ap-
peared, participated, and were afforded full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing on the issues. The Trial Examiner's rulings made at the
hearing are free from prejudicial error and are hereby affirmed. All
parties were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following.'
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Miller Todd Coal Company is engaged in the mining of bituminous.
coal at' Adrian, West Virginia. During the 12-month period pre-
ceding September 27, 1943, the Company mined coal valued in excess
of $200,000, approximately 90 percent of which was shipped to points
52 N. L. R. B., No. 237.
1418
MILLER TODD COAL COMPANY 1419
outside the State of West Virginia. The Company admits that it is
engaged in commerce within the meaning of the National Labor Re-
lations Act.
II. THE ORGANIZATION INVOLVED
District 31, United Mine Workers of America, is a labor organi-
zation, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive col-
lective bargaining representative of its employees.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the Union represents a substantial num-
ber of employees in the unit hereinafter found to be appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in substantial agreement with a stipulation of the parties,
that all production and maintenance employees of the Company,
excluding technical and clerical employees, and all supervisory em-
ployees 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 pur-
poses, of collective bargaining, within the meaning of Section 9 (b)
of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees in the appropriate unit who were employed ,during
the pay-roll 'period immediately preceding the date of the Direction
of Election herein, subject to the limitations and additions set forth
in the Direction. `
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 Re-
'The Regional Director reported that the Union presented 73 membership application
cards bearing apparently genuine signatures of persons whose names appear on the Com-
pany's pay roll of August 15, 1943. There are approximately 97 employees in the appro-
priate unit.
1420 DECISION'S OF NATIONAL LABOR RELATIONS BOARD,
lations Act, and pursuant to Article III, Section 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby I
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Miller Todd Coal
Company, Adrian, West Virginia, 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 Sixth, Region, acting in this matter
as agent for the National Labor Relations Board, and subject to
Article III, Sections 10 and 11, of said Rules and Regulations, among
the employees in the unit found appropriate in Section IV, above,
who were employed during the pay-roll period immediately preced-
ing 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 any who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by District
31, United Mine Workers of America, for the purposes of collec-
tive bargaining.