The Buckeye Coal Co.

National Labor Relations Board - Board Decisions

Apr 15, 1947

73 N.L.R.B. 405 (N.L.R.B. 1947)

In the Matter of THE BUCKEYE COAL COMPANY, EMPLOYER and
UNITED CLERICAL, TECHNICAL AND SUPERVISORY EMPLOYEES UNION
OF THE MINING INDUSTRY, DIVISION OF DISTRICT 50, UNITED MINE
WORKERS OF AMERICA, PETITIONER
Case No. 6-R-1496
SUPPLEMENTAL DECISION
AND
ORDER
April 15, 1947
On January 9, 1947, following a prehearing election which was
won by the Petitioner, the National Labor Relations Board issued a
Decision and Certification of Representatives 1 in the above-entitled
matter, certifying the Petitioner as the collective bargaining repre-
sentative of a unit of coal mine supervisors. In its Decision the Board
held that, notwithstanding the seizure of its mines by the United
States Government under the authority of Executive Order 9728,2 the
Employer remained subject to the National Labor Relations Act and
the Board's jurisdiction. On March 19, 1947, the Employer filed a
motion requesting the Board to withdraw its certification and to dis-
miss the petition on the ground that in the recent Lewis case,3 the
Supreme Court has held that the United States Government is the
employer of the workers in the mines during the period of govern-
mental possession and that, therefore, the Board is without jurisdic-
tion. The Employer has also requested oral argument. Subsequently,
however, it waived oral argument and submitted a memorandum of
law in lieu thereof.
For the reasons stated in the Supplemental Decision in the Ford
Collieries case (73 N. L. R. B. 400), issued this day, we shall deny
the Employer's motion.
ORDER
IT IS HEREBY ORDERED that the Employer's "Motion to Withdraw
Certification and to Dismiss Petition for Certification" be, and it
hereby is, denied.
MR. JAMES J. REYNOLDS, JR., took no part in the consideration of
the above Supplemental Decision and Order.
171 N.L.R B 1494
2 11 F R 5593.
3 United States v. United Mine Workers of America, 67 S. Ct. 677.
73 N. L. R. B, No. 78. 405