United States Coal & Coke Co.

National Labor Relations Board - Board Decisions

Aug 26, 1937

3 N.L.R.B. 398 (N.L.R.B. 1937)

In the Matter of UNITED STATES COAL & COKE COMPANY and UNION
OF LYNCH EMPLOYEES and UNITED MINE WORKERS OF AMEnICA
Cases Nos. R-210 and R-213
Mr. Leonard AS. Shore and Mr. Charles Ryan for the Board.'
Mr. Donald Dinning, of Louisville, Ky., for the Company.
Mr. John Young Brown, of Lexington, Ky., for the United Mine
Workers of America.
Mr. Cleon K. Calvert, of Pineville, Ky., for the Union of Lynch
Employees.
Mr. Julius Schlezinger, of counsel to the Board.
DIRECTION OF ELECTION
August 26, 1937
The National Labor Relations Board, having found that a question
affecting commerce has arisen concerning the representation of em-
ployees of United States Coal & Coke Company, Lynch, Kentucky,
and that such employees, exclusive of check weighmen and tech-
nicians, administrative, clerical, and supervisory employees (includ-
ing fire bosses), and high school and college students temporarily
employed for the period of their summer vacation, constitute a unit
appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the National Labor Relations Act, 49
Stat. 449, and acting pursuant to the power vested in the National La-
bor Relations Board by Section 9 (c) of said Act, and pursuant to
Article III, Section 8 of National Labor Relations Board Rules and
Regulations-Series 1, as amended, hereby
DIRECTS that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargain-
ing with United States Coal & Coke Company, an election by secret
ballot shall be conducted within a period of twenty (20) days after
the date of this Direction of Election, under the direction and super-
vision of the Regional Director for the Ninth Region, acting in this
matter as the agent of the National Labor Relations Board and sub-
ject to Article III, Section 9 of said Rules and Regulations-Series 1,
as amended, among the Lynch, Kentucky, employees of United States
Coal & Coke Company, exclusive of check weighmen and technicians,
vdministrative, clerical, and supervisory employees (including fire
398
DECISIONS AND ORDERS 399
bosses), and high school and college students temporarily employed
for the period of their summer vacation, on the pay roll of United
States Coal & Coke Company as of July 1, 1937, to determine whether
they desire to be represented by United Mine Workers of America,
Local No. 7425, or by Union of Lynch Employees.
MR. EDWIN S .- SMITH took no part in the consideration of the above
Direction of Election.
[SAME TITLE
AMENDMENT TO DIRECTION OF ELECTION
September 11, 1937
On August 26, 1937, the National Labor Relations Board, herein
called the Board, issued a Direction of Election in the above-entitled
case, the election to be held within a period of twenty (20) days
from the date of the Direction, among the Lynch, Kentucky, em-
ployees of the United States Coal & Coke Company, exclusive of
check weighmen and technicians, administrative, clerical, and super-
visory employees (including fire bosses), and high school and
college students temporarily employed for the period of their sum-
mer vacation, on the pay roll of the United States Coal & Coke
Company as of July 1, 1937, to determine whether they desire to
be represented by United Mine Workers of America, Local No. 7425,
or by Union of Lynch Employees. On the same day, the United
Mine Workers of America, Local No. 7425, herein called the Union,
filed charges with the Regional Director for the Ninth Region,
alleging that the United States Coal & Coke Company engaged in
unfair labor practices constituting an interference with the elec-
tion in violation of Section 8, subdivisions (1), (2), (3), (4), and
(5) of the National Labor Relations Act, 49 Stat. 449. Subse-
quently the Union petitioned the Board to postpone the election
pending an investigation of the charge.
To insure to the employees of the Company a free choice in select-
ing representatives for the purposes of collective bargaining, we
hereby direct that the election which on August 26, 1937, was
directed by us to be held among the employees of the United States
Coal & Coke Company be postponed until further notice. The Direc-
tion of Election is hereby amended by striking therefrom the words
"within a period of twenty (20) days after the date of this Direc-
tion of Election" and substituting in lieu thereof the words "at such
time as the Board will in the future direct."
CHAIRMAN MADDEN took no part in the consideration of the above
Amendment to Direction of Election.