Ruby Brothers

National Labor Relations Board - Board Decisions

Jun 15, 1944

56 N.L.R.B. 1394 (N.L.R.B. 1944)

In the Matter of L. E. RUBY, LUCIEN RUBY, CLYDE RUBY, J. EDWIN
RUBY AND JOHN CASSNER D/B/A- RUBY, BROTHERS 1 and UNLTED MINE
WORKERS OF AMERICA, DISTRICT 23
Case No.14-R-9P3.Decided June 15,1944
Gordon, Gordon d Moore, by Mr. Neville Moore, of Madisonville,
Ky., for the Company.
Mr. B. N. Gordon (Fox &'Gordon), Mr. Earl Suver, and Mr. Jess
Lovelace, of Madisonville, Ky., for the Union.
Mr. William Strong,. of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE'
Upon a petition duly filed by'United Mine Workers of America, Dis-
trict 23, herein called the Union, alleging that ,a question affecting
commerce had arisen concerning the representation of employees of
L. E. Ruby, Lucien Ruby, Clyde Ruby, J. Edwin Ruby and John
Cassner, d/b/a Ruby Brothers, Madisonville, Kentucky, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Ryburn L. Hackler, Trial
Examiner. Said hearing was held at Madisonville, Kentucky, on
May 11, 1944. The Company and- the Union appeared and partici-
pated. All parties were afforded full 'opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues. The Trial, Examiher's rulings made at the hearing
are free,from prejudicial error and are hereby affirmed. 'All parties
were afforded an opportunity to file briefs' with the Boiird.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. -THE BUSINESS OF THE COMPANY
The Company is engaged in strip coal mining on the coal properties
of the West Kentucky Coal Company, Earlington, Kentucky. From
1 The Company' s name is shown as amended at the hearing.
56 N. L. R. B., No. 249.
1394
'RUBY BROTHERS 1395
August 1943 to the date of the hearing herein, the company purchased
materials and, supplies for use in its stripping operations valued in
excess of $36,000, 50 percent of which was shipped to it from points
outside the State of Kentucky. During the same period, the Company
produced more than 75,000 tons of bituminous coal valued in .excess
of $75,000. All of this coal was delivered to the West Kentucky Coal
Company, which processed and mingled it with its general coal stocks.
A major portion of the coal production of the West Kentucky Coal
Company, totally valued in '1943 at more than $3,000,000, 'is shipped
to points outside the State of Kentucky. The West Kentucky Coal
Company is clearly engaged in commerce within the meaning of the
Act 2
We find that the Company is engaged in commerce within the mean=
mg of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Mute Workers of America, District 25, is a labor organiza-
tion admitting to membership employees of the Company.
.III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of the Company's
employees.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate 3
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
The Union seeks a unit of all production and maintenance em-
ployees of the-Company at its Ruby No. 1 strip mine, excluding clerical
employees, and all, supervisory employees. The Company declines
to take any position as to an appropriate unit.
The employees whom the Union would include in the unit are en-
2 See, e g, Matter of West Kentucky Coal Company, 54 N. L. R. B.'358, and Matter of
West Kentucky Coal Company, 10 N. L. R B 88.
' The Field Examiner, reported that the Union submitted 10 membership application cards,
that the names of all persons appearing on the cards were listed on the Company 's pay roll
of March 11 , 1944, which contained the names of 17 employees in the appropriate unit.
.
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1396 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
gaged in the normal production and maintenance operations" at the
Ruby No. 1 strip mine. The employees involved are operating en-
gineers and helpers, common laborers, maintenance 'employees, and
truck drivers. • They work together in the same area under the same
conditions and supervision, and are all part of an integrated mining
process. V -
We find that all production and maintenance employees of the
Company at its Ruby No. 1 strip mine, including operating engineers
and helpers, common laborers, maintenance employees, and truck
drivers, but excluding the superintendent, assistant superintendent,
and any other supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit appro-
priate, for the purposes 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 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 Rela-
tions Act, and pursuant to-Article III, Section 9, of National Labor
Relations Board Rules and' Regulations-Series 3, it is hereby,
DIRECTED that, as part of the investigation to ascertain, representa-
tives for the purposes of collective bargaining with L. E. Ruby, Lucien
Ruby, Clyde Ruby, J. Edwin Ruby, and John Cassner d/b/ a Ruby
Brothers, Madisonville, Kentucky, 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 Fourteenth 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
1
- RUBY BROTHERS 1397
precedingthe date of this Direction, including employees who did not
work during the said payroll 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 U. M. W. of A., District 23,4 for the
purposes of 'collective bargaining.
* The Union asks to be designated on the ballot as shown in the text. The request is
granted.
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