The Vesta Coal Co.

National Labor Relations Board - Board Decisions

Jan 7, 1941

28 N.L.R.B. 911 (N.L.R.B. 1941)

In the Matter of THE VESTA COAL COMPANY and NATIONAL MARITIME
UNION, INLAND BOATMEN'S DIVISION, AFFILIATED WITH THE C. I. O.
Case No. R-2049
SUPPLEMENTAL DECISION
AND
ORDER
January 7, 1941
On October 8, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election 1 in the
above-entitled case. Pursuant to the Direction of Election, an elec-
tion by secret ballot was conducted on'November 8, 9, and 11, 1910,
aboard, various vessels of the Company and at Hazelwood Landing,
Pennsylvania, under the direction and supervision of the Regional
Director for the Sixth Region (Pittsburgh, Pennsylvania). On No-
vember 14, 1940, the Regional Director,, acting pursuant to Article III,
Section 9, of National Labor Relations Board Rules and Regulations-
Series 2, as amended, issued an Election Report, copies of which were
duly served upon the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list--------------------------------------- 168
Total ballots cast------------------------------------------- 151
Total ballots challenged------------------------------------- 0
Total blank ballots------------------------------------------ 0
Total void ballots------------------------------------------- 0
Total valid votes cast_ ------------------------------- 151
Total votes cast for National Maritime Union Inland Boatmen's
Division-------------------------------------------------- 73
Total votes cast against afore-mentioned union---------------- 78
On Novemb3r 18, 1940, the Union filed with the Regional Director
objections to the conduct of the ballot. On December 6, 1940, the
Regional Director, acting pursuant to Article III, Section 9, of
National Labor Relations Board,Rules and Regulations-Series 2, as
amended, issued his Report on Objections. On December 12, 1940,
127 N. L R. B 696
28 N. L. R. B., No. 138
911
912 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Union filed with the Board a comment upon the Report on
Objections.
The Board has considered the Election' Report, the objections filed
by the Union, the Report on Objections, and the Union's comment
thereon, and finds that the objections and comment do not raise sub-
stantial or material issues with respect to the conduct of the ballot or
the Election Report.
The results of the election show that no collective bargaining repre-
sentative has been selected by a majority of the employees in an appro-
priate unit. The petition for investigation and certification of repre-
sentatives of'employees of The Vesta Coal Company filed by National
Maritime Union, Inland Boatmen's Division, affiliated with the
C. I. 0., will therefore be dismissed.
ORDER
By virtue of Section 9 (c) of the National Labor Relations Act;
and pursuant 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 The Vesta Coal Company, filed
by National Maritime Union, Inland Boatmen's Division, affiliated
with the C. I. 0., be, and it hereby is, dismissed.