West Kentucky Coal Co.

National Labor Relations Board - Board Decisions

Jan 3, 1942

38 N.L.R.B. 10 (N.L.R.B. 1942)

In the Matter Of WEST KENTUCKY COAL COMPANY and UNITED MINE
WORKERS OF AMERICA, DISTRICT No. 23 AFFILIATED WITH THE CIO
Case No. R-3375.-Decided January 3, 1942
Investigation and Certification of Representatives : stipulation for certification
on consent election.
Mr. James G. Wheeler, of Paducah, Ky., for the Company.
Mr. Ed J. Morgan, of Madisonville, Ky., for the United.
Mr. Robert N. Cook, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
On March 5, 1941, and May 9, 1941, the United Mine Workers of
America, District No. 23, affiliated with the Congress of Industrial
Organizations, herein called the United, filed with the Regional Di-
rector for the Eleventh Region (Indianapolis, Indiana) a petition
and amended petition, respectively, alleging that a question affecting
commerce had arisen concerning the representation of employees of
the West Kentucky Coal Company, Earlington, Kentucky, herein
called the Company, engaged in the mining of coal, and requesting
an investigation and certification of representatives pursuant to Sec-
tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. On November 14, 1941, the National Labor Relations
Board, herein called the Board, acting pursuant to Section 9 (c) of
the Act and Article III, Section 3, of National Labor Relations Board
Rules and Regulations-Series 2, as amended, ordered an investiga-
tion and authorized the Regional Director to conduct it and to pro-
vide for an appropriate hearing upon due notice. On November 11,
1941, the Company, the United, and the Regional Director entered
into a "STIPULATION FOR CERTIFICATION ON CONSENT ELECTION."
Pursuant to the stipulation, an election by secret ballot was con-
ducted on November 26, 1941, under the direction and supervision of
the Regional Director,-among all production employees of the Com-
38 N. L. R. B., No. 3.
10 -
WEST KENTUCKY COAL COMPANY 11
pany working at Mines Nos. 2, 8, 10, North Diamond 1 and 2, and
Hecla, but excluding executive, sales and clerical employees, superin-
tendents, mine foremen, section foremen, room bosses, face bosses,
top bosses, entry bosses, electricians and mechanics in supervisory
capacity, all other supervisory employees, and "guards" or "watch-
men," to determine whether or not they desire to be represented by the
United as the exclusive representative for the purposes of collective
bargaining. On December 1, 1941, the Regional' Director issued and
duly served upon the parties an Election Report on the ballot.
In his Election Report, the Regional Director reported as follows
concerning the balloting and its results :
Total on eligibility list_____________________________________ 1607
Total ballots cast__________________________________________ 1413
Total valid votes cast______________________________________ 1402
Total votes cast for United Mine Workers of America, District
No. 23, affiliated with the CIO____________________________ 622
Total votes cast against United Mine Workers of America,
District No. 23, affiliated with the CIO_____________________ 780
Total blank ballots_________________________________________ 0
Total void ballots_________________________________________ 2
Total challenged ballots____________________________________ 9
No objections to the conduct of the election or to the Election Report
have been filed by any of the parties.
Since the counting of the challenged ballots is not essential to
determine the results of this election, it is unnecessary to rule upon
them.
The results of the election show that no representative has been
selected by a majority of the employees in the appropriate unit. The
petition of the United Mine Workers of America, District No. 23, for
investigation and certification of representatives of employees of
West Kentucky Coal Company, Earlington, Kentucky, will therefore
be dismissed.
Upon the basis of the stipulation, the Election Report, and the
entire record in the case, the Board makes the following :
FINDINGS of FACT
1. A question affecting commerce has arisen concerning the rep-
resentation of employees of West Kentucky Coal Company, Earling-
ton, Kentucky, within the meaning of Section 9 (c) and Section 2
(6) and (7) of the National Labor Relations Act.
2. All production employees working at Mines Nos. 2, 8, 10, North
Diamond 1 and 2, excluding executive, sales and clerical employees,
superintendents, mine foremen, section foremen, room bosses, face
bosses, top bosses, entry bosses, electricians and mechanics in super-
12 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
visory capacity; all other supervisory employees, and. "guards" or
"watchmen," constitute a unit appropriate for the purposes of cot-'
lective bargaining within the meaning of Section 9 (b) of the Act.,
ORDER
By virtue of Section 9 (c) of the National Labor Relations 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 ORDERED that the petition for investigation and certifi-
cation of representatives of employees of West Kentucky Coal Coin-
pany, Earlington, Kentucky, filed by the United Mine Workers of
America, District No. 23, affiliated with the CIO, be, and it hereby
is, dismissed.