S. A. Kendall, Jr.

National Labor Relations Board - Board Decisions

May 27, 1942

41 N.L.R.B. 395 (N.L.R.B. 1942)

f
In the Matter of S. A. KENDALL,-JR., H. E. REAM, STANLEY Asmy.
AND LESTER YUTZY, STANLEY COAL COMPANY, KRAY COAL COMPANY,
OR WHATEVER NAME DOING BUSINESS , AND J. P. WRIGHT and, UNITED
MINE WORKERS OF AMERICA, DISTRICT #31, AFFILIATED WITH C. I. O.
In the Matter of S. A. KENDALL, JR., H. E. REAM, STANLEY ASHBY,
AND LESTER YUTZY, STANLEY COAL COMPANY, KRAY COAL COMPANY,
OR WHATEVER NAME DOING BUSINESS , AND GEORGE KEENER, SUBSTITUTED
FOR Orr MILLER and UNITED MINE WORKERS OF AMERICA, DISTRICT
#31, AFFILIATED WITH C. I. O. 1
In,the Matter of S. A. KENDALL, JR., H. E. REAM, STANLEY ASHEY,
AND LESTER YUTZY, STANLEY COAL COMPANY, KRAY COAL COMPANY,
OR WHATEVER NAME DOING 'BUSINESS , AND 'SHERMAN HELMS, and
UNITED MINE WORKERS OF AMERICA, DISTRICT #31, AFFILIATED WITH
C..I.O.
In the Matter of S. A. KENDALL, JR., H. E. REAM, STANLEY ASHBY,
AND LESTER YUTZY, STANLEY COAL COMPANY, KRAY COAL COMPANY,
OR WHATEVER NAME DOING BUSINESS , AND JESSE SALISBURY and
UNITED MINE WORKERS OF AMERICA, DISTRICT # 31, AFFILIATED WITH
C.I.O.
Cases Nos. R-3325 to R-3328 inclusive, respectively
SECOND SUPPLEMENTAL DECISION
CERTIFICATION OF REPRESENTATIVES
AND
SECOND DIRECTION OF ELECTION
May 27, 194.2
On February 10, 1942, the National Labor Relations Board, herein
called`the Board, issued a Decision, Direction of Elections, and Order
in the above-entitled proceeding,' and on March 10, 1942, a Supple-
mental Decision and Amendment to Direction of Elections.2 Pur
suant to the Direction of Elections, as amended, elections by secret
ballot were conducted on March 18, 1942, under the direction and
supervision of the Acting Regional Director for the Sixth Region
' 28 N L R B 1071
2 39 N L R. B 646
41 N: L. R. B., Na. 83.
395
396 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(Pittsburgh, Pennsylvania). On April 23, 1942, the Acting Regional
Director issued and duly served on the parties an Election Report.
No objections to the conduct of the ballots or to the Election Report
have been filed by any of the parties.
As to the balloting and its results, the Acting Regional Director
reported as follows :
Ream Mine No. 1
Total on eligibility list_____________________________________ 54
Total ballots cast__________________________________________ 51
Total ballots challenged____________________________________ 0
Total blank ballots_________________________________________ 0
Total void ballots ------------------------------------------ 0
Total valid votes counted___________________________________ 51
Votes cast for United Mine Workers of America, District #31
(C. I. 0.) ------------------------------------------------ 29
Votes cast against United Mine Workers of America, District
#31 (C. I. 0 ) -------------------------------------------- 22
Ream Mine No. 3
Total on eligibility list______________________________________ 14
Total ballots cast__________________________________________ 10
Total ballots challenged____________________________________ 0
Total blank ballots_________________________________________ 0
Total void ballots------------------------------------------ 0
Total valid votes counted___________________________________ 10
Votes cast for United Mine Workers of America, District #31
(C. I. O.)------------------------------------------------ 10
Votes cast against United Mine Workers of America, District
#31 (C. I. O.)------------------------------------------- 0
Ream Mine No. 4
Total on eligibility list_____ _________________________________ 3
Total ballots cast____________________________________ 1
Total ballots challenged____________________________________ 0
Total blank ballots_________________________________________ 0
Total void, ballots __________________________________________
'Total valid votes counted___________________________________
Votes cast for United Mine Workers-of America, District #31
(C. I. O.) ---------------------------------------------- 1
Votes cast against United Mine Workers of America, District
#31 (C. I. O.)------------------------------------------- 0
Ream Mine No. 5
Total on eligibility list-_,-------------------------------------- 11
Total ballots cast ------------------------------------------- 5
Total ballots challenged____________________________________ 1
Total blank ballots_________________________________________ 0
Total void ballots__________________________________________ 0
Total valid votes counted___________________________________ 4
Votes cast for United Mine Workers of America, District #31
(C. I. O.)------------------------------------------------ - 2
Votes cast against United Mine Workers of America, District
#31 (C. I. O.)------------------------------------------- 2
I
S. A. KENDALL, JR. 397
The results of the election among the employees in the unit at
Ream Mine No. 4 disclose that out of three employees eligible to vote
only one employee voted, and that his ballot was cast for the Union.
We find that the balloting failed to result in a representative vote.
Rather than dismiss the petition, however, we shall direct that another
election be -held among the employees in the appropriate unit who
were employed during the pay-roll period immediately preceding the
date of the Second Direction of Election.
With respect to the balloting at Ream Mine No. 5, the Acting
Regional Director reported that the agent conducting the election
declared one ballot void, which ruling was challenged by the Union.
The Acting Regional Director recommended that the challenge be
sustained and that the ballot be counted. We find, upon an examina-
tion of the ballot, that the intention of the voter is clearly indicated
and, that the ballot was cast for the Union. Accordingly, we find that
the Union has been designated by a majority of the eligible employees-
who participated in the election at Ream Mine No. 5 and we shall,
certify the Union as the exclusive representative of the employees in
said unit'
CERTIFICATION OF REPRESENTATIVES
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 District #31, United Mine Workers of
America, affiliated with the C. I. 0., has been designated -arid -selected
by a,majority of all employees of Kray 'Coal Co., Inc., of Crellin,
Maryland, and J. P. Wright, of Howesville, West Virginia, employed
at Ream Mine No. 1, excluding clerical and supervisory employees,
as their representative for the purposes of collective bargaining, and
that, pursuant to Section 9 (a) of the Act, District #31, United Mine
Workers of America, affiliated with the C. I. 0., is the exclusive repre-
sentative of all such employees for the purposes of collective bargain-
ing with respect to rates of pay, wages, hours of employment, and
other conditions of employment;
IT IS HEREBY FURTHER CERTIFIED that District #31, United Mine
Workers of America, affiliated with the C. I. 0., has been designated-
'The final results of the balloting among these employees are, therefore , as follows :
Total on eligibility list-------------------------------------------- 11
Total ballots cast----------------------- -------------------------- 5
Total valid votes counted ----------------------------------------- 5
Votes cast for United Mine Workers of America, District #31
(C.I. 0)------------------------------------------------------ 3
- Votes cast against United Mines Workers of America, District #31
(C. I. o.)--------------- -------------------------------------- 2
398 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and selected by a majority of all employees of Kray Coal Co.. Inc.,
of Crelhn, Maryland, and George Keener, of Howesville, West Vir-
ginia, employed at Ream Mine No. 3, excluding clerical and super-
visory employees, as their representative for the purposes of collec-
tive bargaining and that, pursuant to Section 9. (a) of the Act,
District #31, United Mine Workers of America, affiliated with the
C. I. 0., is the exclusive representative of all such employees for
the purposes of collective bargaining with respect to rates of pay,
wages, hours of employment, and other conditions of employment;
and
IT IS HEREBY FURTHER CERTIFIED that District #31, United Mine
Workers of -America, affiliated with the C. I. 0., has been designated
and selected by a majority of all employees of Kray Coal Co., Inc.,
of Crellin, Maryland, and Jesse Salisbury, of Howesville, West Vir-
ginia, employed at Ream Mine No. 5, excluding clerical and super-
visory employees, as their representative for the purposes of collective
bargaining and that, 'pursuant to Section 9 (a) of the Act, District
-#31, United Mine Workers of America, affiliated with the C. I. 0.,
is the exclusive representative of all such employees for the purposes
of collective bargaining with respect to.rates of pay, wages, hours of
employment, and other conditions of employment.
SECOND 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, 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
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with Kray Coal Co, Inc., Crellm, Maryland, and Sherman Helms,
Howesville, West Virginia, an election by secret ballot shall be con-
ducted as soon as possible but not later than thirty (30) days from
the date of this Second Direction of Election, among all employees
of 'Kray Coal Co., Inc., and Sherman Helms at Ream Mine No. 4,
who were employed during the pay-roll period immediately preceding
the date of this Second Direction of Election, including employees
who did not work during said pay-roll period because they were ill
or on vacation or in the active military service or training of the
United States, or temporarily laid off, but- excluding clerical and
supervisory employees and any who have since quit or been dis-
charged for cause, to determine whether or not they desire to be rep-
iesented by District-#31,"United' Mine Workers of Amer` ica,'afliated
with the C. I. O., for the purposes of collective bargaining.
In.the Matter of S. A. KENDALL, JR., H. E. REAM, STANLEY ASHBY,
AND LESTER YUTZY, STANLEY COAL COMPANY, KRAY COAL COMPANY,
OR WHATEVER NAME DOING BUSINESS, AND J. P. WRIGHT and UNITED
MINE WORKERS OF AMERICA, DISTRICT #31, AFFILIATED WITH C. I. O.
In the Matter of S. A. KENDALL, JR., H. E. REAM, STANLEY ASHBY,
AND LESTER YUTZY, STANLEY COAL COMPANY, KRAY COAL COMPANY,
OR WHATEVER NAME DOING BUSINESS, AND GEORGE KEENER, SUBSTI-
TUTED FOR OTT MILLER and UNITED MINE WORKERS OF AMERICA,
DISTRICT #31, AFFILIATED WITH C. I. O.
In the Matter of S. A. KENDALL, Jr., H. E. REAM, STANLEY ASHBY,
AND LESTER YUTZY, STANLEY COAL COMPANY, KRAY COAL COMPANY,
OR WHATEVER NAME DOING BUSINESS, AND SHERMAN HELMS and
UNITED MINE WORKERS OF AMERICA, DISTRICT #31, AFFILIATED
WITH C. I. O.
In the Matter of S. A. KEND LL, JR., H. E. REAM, STANLEY ASHBY,
AND LESTER YUTZY, STANLEY COAL COMPANY, KRAY COAL COMPANY,
OR WHATEVER NAME DOING BUSINESS, AND JESSE SALISBURY and
UNITED MINE WORKERS OF AMERICA, DISTRICT #31, AFFILIATED WITH'
C. I. O.
Cases Nos . R-3325 to R-3338, inclusive , respectively
AMENDMENT TO SECOND DIRECTION OF ELECTION
June 27, 1942
On May 27, 1942 ,' the National Labor Relations Board issued
a Second Supplemental Decision , Certification of Representatives,
and Second Direction of Election in the above -entitled proceeding.,
The Board , having been advised by the Acting Regional Director for
the Sixth Region ( Pittsburgh , Pennsylvania), that a longer period
within which to hold the election is necessary , hereby amends the
Second Direction of Election dated May 27, 1942, by striking there-
from the words "not later than thirty ( 30) days from the date of
this Second Direction of Election " and substituting therefor the
words- "not later than forty - five _ (45 ) days from the date of this
Second Direction of Election."
141 N L R B 393
41 N. L. R B., No 83a.,
399