Jenkins Coal Mining Co.

In the Matter of CHARLES F. JENKINS , CULLEN JENKINS, AND G. W. MCCORMACK, D/B/A JENKINS COAL MINING COMPANY, EMPLOYER and DISTRICT 23, UNITED MINE WORKERS OF AMERICA, PETITIONER Case No. 11-B-1078.-Decided August 09, 1946 Mr. W. Fred Hume, of Providence, Ky., for the Employer. Mr. Earl Suber, of Madisonville, Ky., for the Petitioner. Mr. David V. Easton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon an amended petition duly filed, hearing in this case was held at Madisonville, Kentucky, on July 30,1946, before Arthur R. Donovan, Trial Examiner. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE EMPLOYER 1 Charles F. Jenkins, Cullen Jenkins, and G. W. McCormick, d/b/a Jenkins Coal Mining Company, operates a coal mine near the unin- corporated town of Beulah, Kentucky. The mine is maintained on leased property but the equipment attached thereto is owned by the Employer. Between August 30, 1945 and July 30, 1946, the mine pro- duced coal valued between $15,000 and $20,000, all of which was sold through the Shippers' Fuel Corporation of Chicago, Illinois. Most of the coal produced by the Employer is ultimately sold to various railroads who are engaging in interstate commerce. The employer admits and we find that it is engaged in commerce- within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED The Petitioner is a labor organization claiming to represent em- ployees of the Employer. 1 The name of the Employer appears in the caption as amended at the hearing;, 70 N. L. R. B., No 67. .894 JENKINS COAL MINING COMPANY III. THE QUESTION CONCERNING REPRESENTATION 895 The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner has been certified by the Board in an appropriate unit. We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT Substantially in accordance with an agreement of the parties made at the hearing, we find that all production and maintenance employees of the Employer, including truck drivers, but excluding watchmen, inspectors, office and clerical employees, sales and/or technical em- ployees, head electricians, head mechanics, fire bosses, mine foremen, and all other supervisory employees with authority to hire, promote,. discharge, discipline, or otherwise effect changes in the status of employes, or effectively recommend such action, constitute a unit appropriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot, subject to the limitations and additions set forth in the Direction. The Employer at one time employed in addition to the partners 13 production and maintenance workers. At present it employs 5 pro- duction and maintenance workers and 2 truck drivers, having laid off 8 production and maintenance workers. The record indicates that there is little likelihood that the laid-off production and maintenance employees will be rehired. Under these circumstances, we find them ineligible to participate in the election hereinafter directed. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Charles F. Jenkins, Cullen Jenkins, and G. W. McCormick, d/b/a Jenkins Coal Mining Company,, Beulah, Kentucky, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Eleventh Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of National Labor Relations Board Rules and Regulations- 896 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Series 3, as amended, and to our determination in Section V, above, among the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether or not they desire to be represented by District 23, United Mine Workers of America, for the purposes, of collective bargaining. MR. JAMES J. REYNOLDS , JR.,, took no paxt in the consideration of the above Decision and Direction of Election.