The Buckeye Coal Co.

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