S.A. Kendall, Jr.

National Labor Relations Board - Board Decisions

Jul 8, 1942

42 N.L.R.B. 199 (N.L.R.B. 1942)

In the Matter of S A KENDALL, JR, H E REAM, STANLEY ASHBY,
AND LESTER YUTZY, STANLEY COAL COMPANY, KRAY COAL COM-
PANY, 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 COM-
PANY, OR WHATE\ ER NAME DOING BUSINESS, AND GEOGRE KEENER, SUB-
STITUTED FOR OTT MILLER and UNITED MINE WORKERS OF AMERICA,
DISTRICT #31, AFFILIATED IN ITH C I 0
In the Matter of S A KENDALL, JR, H E REAM, STANLEY ASHBY,
AND LESTER YUTZY, STANLEY COAL COMPANY, KRAY COAL COM-
PANY, OR WHATEVER NAME DOING BUSINESS, AND EDWARD W ZUCHOW-
SKI, SUBSTITUTED FOR 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 COM-
PANY, OR WHATEVER NAME DOING BUSINESS, AND JESSE SALISBURY and
UNITED MINE WORKERS OF AMERICA, DISTRICT #31, AFFILIATED WITH
C. I. O
Cases Nos. R-3305 to R-3928, inclusive, respectively
THIRD SUPPLEMENTAL DECISION
AND
SECOND AMENDMENT TO SECOND DIRECTION OF
ELECTION
July 8, 1940
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 proceedmg,l and
on June 27, 1942, issued an Amendment to Second Direction of
Election 2 On July 1, 1942, Kray Coal Company, Inc., Edward W.
Zuchowski, and United Mine Workers of America, District #31,
1 41 N L R B 395
241N L R B 399
42N L R B, No 41
199
200 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
entered into a stipulation, which has been filed with the Board, agree-
ing that Edward W Zuchowski be substituted for Sherman Helms
in Case No. R-3327, and that eligibility to vote be determined by
refeience to the pay roll for the peiiod ending June 30, 1942, and
iequesting that the Board amend the Second Direction of Election,
as amended, accordingly
The Board, having duly consideied the matter, hereby amends its
Second Direction of Election, dated May 27, 1942, as amended, by
striking therefrom the name "Sherman Helms" wherever it occurs and
substituting therefor the name "Edward W Zuchowski", and by
striking therefrom the words "during the pay-roll period immediately
preceding the date of this Second Direction of Election" and substi-
tuting therefor the words "during the pay-roll period ending June
30, 1942 "
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 0
In the Mattel of S A KENDALL, JR , H E REAM, STANLEY AsnBY,
AND LESTER YUTZY, STANLEY COAL COMPANY, KRAY COAL COMPANY,
OR WHATEVER NAME DOING BUSINESS AND GEORGE KEENER, SUBSTITUTED
FOR OTT MILLER and UNITED MINE WORKERS OF AMERICA, DISTRICT
#31, AFFILIATED WITH C I 0
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 EDWARD W ZUCHOWSKI,
SUBSTITUTFD FOR SHERMAN HELOTS and UNITED MINE WORKERS OF
AMERICA, DISTRICT #31, AFFILIATED WITH C I. 0
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 0
Cases Nos. R-3325 to R-3328, Inclusive, Respectively
FOURTH SUPPLEMENTAL DECISION
AND
ORDER
July 29, 1912
On May 27, 1942, the National Labor Relations Board issued a Sec-
ond Direction of Election in the above-entitled proceeding,' and on
June 27 and July 8, respectively, an Amendment 2 and Second Amend-
ment 3 thereto Pursuant to the Second Direction of Election, as
amended, an election by secret ballot was conducted on July 11, 1942,
under, the direction and supeivision of the Regional Director for the
Sixth Region (Pittsburgh, Pennsylvania) On July 13, 1942, the
Regional Director, acting pursuant to Article III, Section 9, of Na-
tional Labor Relations Board Rules and Regulations-Series 2, as
amended, issued and duly served upon the parties his Election Re-
1 41N L R B 395
2 41 N L R B 399
3 42 N L R B 199
12NLRB,No41a
201
202 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
port No objections to the conduct of the ballot or to the Election
Report were filed by any of the pax ties
As to the balloting and its results, the Regional Director reported
as follows.
Total on eligibility list___________________________________ 9
Total ballots cast_____________________________________________ 4
Total ballots challenged________________________________________ 0
Total blank ballots____________________________________________ 0
Total void ballots______________________________________________ 0
Total valid votes counted______________________________________
Votes cast for United Mine Workers of America, District No 31,
4
affiliated with the C I O_____________________________________ 2
Votes cast against United Mine Workers of America, District No
31, affiliated with the C I O_________________________________ 2
The results of the election show that no collective bargaining iepre-
sentative has been selected by a majority of the employees of Kray
Coal Co, Inc, Crellin, Maryland, and Edwaid W Zuchowski sub-
stituted for Sheiman Helms, Howesville, West Virginia, at Ream
Mine No 4, in the unit heietofore found to be appropriate for the
purposes of collective bargaining The petition will, 'therefore, be
dismissed
ORDER
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
49 Stat 449, and puisuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
IT IS HEREBY ORDERED that the petition for investigation and certifica-
tion of representatives of employees of Kray Coal Co, Inc, Crelhn,
Maryland, and Edward W Zuchowskr substituted for Sherman Helms,
Howesville, West Virginia, at Ream Mine No 4, filed by United Mine
Workers of America, District No 31, affiliated with the C I. O., be,
and it hereby is, dismissed
MR GERARD D REILLY took no part in the consideration of the
above Fourth Supplemental Decision and Order.