S. A. Kendall, Jr.

f In the Matter of S. A. KENDALL,-JR., H. E. REAM, STANLEY Asmy. AND LESTER YUTZY, STANLEY COAL COMPANY, KRAY COAL COMPANY, OR WHATEVER NAME DOING BUSINESS , AND J. P. WRIGHT and, UNITED MINE WORKERS OF AMERICA, DISTRICT #31, AFFILIATED WITH C. I. O. In the Matter of S. A. KENDALL, JR., H. E. REAM, STANLEY ASHBY, AND LESTER YUTZY, STANLEY COAL COMPANY, KRAY COAL COMPANY, OR WHATEVER NAME DOING BUSINESS , AND GEORGE KEENER, SUBSTITUTED FOR Orr MILLER and UNITED MINE WORKERS OF AMERICA, DISTRICT #31, AFFILIATED WITH C. I. O. 1 In,the Matter of S. A. KENDALL, JR., H. E. REAM, STANLEY ASHEY, AND LESTER YUTZY, STANLEY COAL COMPANY, KRAY COAL COMPANY, OR WHATEVER NAME DOING 'BUSINESS , AND 'SHERMAN HELMS, and UNITED MINE WORKERS OF AMERICA, DISTRICT # 31, AFFILIATED WITH C. C.I.O. In the Matter of S. A. KENDALL, JR., H. E. REAM, STANLEY ASHBY, AND LESTER YUTZY, STANLEY COAL COMPANY, KRAY COAL COMPANY, OR WHATEVER NAME DOING BUSINESS, AND JESSE SALISBURY and UNITED MINE WORKERS OF AMERICA, DISTRICT # 31, AFFILIATED WITH C.I.O. Cases Nos. R-3325 to R-3328 inclusive, respectively SECOND SUPPLEMENTAL DECISION CERTIFICATION OF REPRESENTATIVES AND SECOND DIRECTION OF ELECTION May 27, 194.2 On February 10, 1942, the National Labor Relations Board, herein called`the Board, issued a Decision, Direction of Elections, and Order in the above-entitled proceeding,' and on March 10, 1942, a Supple- mental Decision and Amendment to Direction of Elections.2 Pur suant to the Direction of Elections, as amended, elections by secret ballot were conducted on March 18, 1942, under the direction and supervision of the Acting Regional Director for the Sixth Region ' 28 N L R B 1071 2 39 N L R. B 646 41 N: L. R. B., Na. 83. 395 396 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (Pittsburgh, Pennsylvania). On April 23, 1942, the Acting Regional Director issued and duly served on the parties an Election Report. No objections to the conduct of the ballots or to the Election Report have been filed by any of the parties. As to the balloting and its results, the Acting Regional Director reported as follows : Ream Mine No. 1 Total on eligibility list_____________________________________ 54 Total ballots cast__________________________________________ 51 Total ballots challenged____________________________________ 0 Total blank ballots_________________________________________ 0 Total void ballots ------------------------------------------ 0 Total valid votes counted___________________________________ 51 Votes cast for United Mine Workers of America, District #31 (C. I. 0.) ------------------------------------------------ 29 Votes cast against United Mine Workers of America, District #31 (C. I. 0 ) -------------------------------------------- 22 Ream Mine No. 3 Total on eligibility list______________________________________ 14 Total ballots cast__________________________________________ 10 Total ballots challenged____________________________________ 0 Total blank ballots_________________________________________ 0 Total void ballots------------------------------------------ 0 Total valid votes counted___________________________________ 10 Votes cast for United Mine Workers of America, District #31 (C. I. O.)------------------------------------------------ 10 Votes cast against United Mine Workers of America, District #31 (C. I. O.)------------------------------------------- 0 Ream Mine No. 4 Total on eligibility list_____ _________________________________ 3 Total ballots cast____________________________________ 1 Total ballots challenged ____________________________________ 0 Total blank ballots_________________________________________ 0 Total void, ballots __________________________________________ 'Total valid votes counted___________________________________ Votes cast for United Mine Workers-of America, District #31 (C. I. O.) ---------------------------------------------- 1 Votes cast against United Mine Workers of America, District #31 (C. I. O.)------------------------------------------- 0 Ream Mine No. 5 Total on eligibility list-_, --------------------------------------- 11 Total ballots cast ------------------------------------------- 5 Total ballots challenged____________________________________ 1 Total blank ballots_________________________________________ 0 Total void ballots__________________________________________ 0 Total valid votes counted___________________________________ 4 Votes cast for United Mine Workers of America, District #31 (C. I. O.)------------------------------------------------ - 2 Votes cast against United Mine Workers of America, District #31 (C. I. O.)------------------------------------------- 2 I S. A. KENDALL, JR. 397 The results of the election among the employees in the unit at Ream Mine No. 4 disclose that out of three employees eligible to vote only one employee voted, and that his ballot was cast for the Union. We find that the balloting failed to result in a representative vote. Rather than dismiss the petition, however, we shall direct that another election be -held among the employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Second Direction of Election. With respect to the balloting at Ream Mine No. 5, the Acting Regional Director reported that the agent conducting the election declared one ballot void, which ruling was challenged by the Union. The Acting Regional Director recommended that the challenge be sustained and that the ballot be counted. We find, upon an examina- tion of the ballot, that the intention of the voter is clearly indicated and, that the ballot was cast for the Union. Accordingly, we find that the Union has been designated by a majority of the eligible employees- who participated in the election at Ream Mine No. 5 and we shall, certify the Union as the exclusive representative of the employees in said unit' CERTIFICATION OF REPRESENTATIVES By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions 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 CERTIFIED that District #31, United Mine Workers of America, affiliated with the C. I. 0., has been designated -arid -selected by a,majority of all employees of Kray 'Coal Co., Inc., of Crellin, Maryland, and J. P. Wright, of Howesville, West Virginia, employed at Ream Mine No. 1, excluding clerical and supervisory employees, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, District #31, United Mine Workers of America, affiliated with the C. I. 0., is the exclusive repre- sentative of all such employees for the purposes of collective bargain- ing with respect to rates of pay, wages, hours of employment, and other conditions of employment; IT IS HEREBY FURTHER CERTIFIED that District #31, United Mine Workers of America, affiliated with the C. I. 0., has been designated- 'The final results of the balloting among these employees are, therefore , as follows : Total on eligibility list-------------------------------------------- 11 Total ballots cast----------------------- -------------------------- 5 Total valid votes counted ----------------------------------------- 5 Votes cast for United Mine Workers of America, District #31 (C.I. 0)------------------------------------------------------ 3 - Votes cast against United Mines Workers of America, District #31 (C. I. o.)--------------- -------------------------------------- 2 398 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and selected by a majority of all employees of Kray Coal Co.. Inc., of Crelhn, Maryland, and George Keener, of Howesville, West Vir- ginia, employed at Ream Mine No. 3, excluding clerical and super- visory employees, as their representative for the purposes of collec- tive bargaining and that, pursuant to Section 9. (a) of the Act, District #31, United Mine Workers of America, affiliated with the C. I. 0., is the exclusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment; and IT IS HEREBY FURTHER CERTIFIED that District #31, United Mine Workers of -America, affiliated with the C. I. 0., has been designated and selected by a majority of all employees of Kray Coal Co., Inc., of Crellin, Maryland, and Jesse Salisbury, of Howesville, West Vir- ginia, employed at Ream Mine No. 5, excluding clerical and super- visory employees, as their representative for the purposes of collective bargaining and that, 'pursuant to Section 9 (a) of the Act, District -#31, United Mine Workers of America, affiliated with the C. I. 0., is the exclusive representative of all such employees for the purposes of collective bargaining with respect to.rates of pay, wages, hours of employment, and other conditions of employment. SECOND DIRECTION OF ELECTION -By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions 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 DIRECTED that, as part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with Kray Coal Co, Inc., Crellm, Maryland, and Sherman Helms, Howesville, West Virginia, an election by secret ballot shall be con- ducted as soon as possible but not later than thirty (30) days from the date of this Second Direction of Election, among all employees of 'Kray Coal Co., Inc., and Sherman Helms at Ream Mine No. 4, who were employed during the pay-roll period immediately preceding the date of this Second Direction of Election, including employees who did not work during said pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but- excluding clerical and supervisory employees and any who have since quit or been dis- charged for cause, to determine whether or not they desire to be rep- iesented by District-#31,"United' Mine Workers of Amer`ica,'afliated with the C. I. O., for the purposes of collective bargaining. In.the Matter of S. A. KENDALL, JR., H. E. REAM, STANLEY ASHBY, AND LESTER YUTZY, STANLEY COAL COMPANY, KRAY COAL COMPANY, OR WHATEVER NAME DOING BUSINESS, AND J. P. WRIGHT and UNITED MINE WORKERS OF AMERICA, DISTRICT #31, AFFILIATED WITH C. I. O. In the Matter of S. A. KENDALL, JR., H. E. REAM, STANLEY ASHBY, AND LESTER YUTZY, STANLEY COAL COMPANY, KRAY COAL COMPANY, OR WHATEVER NAME DOING BUSINESS, AND GEORGE KEENER, SUBSTI- TUTED FOR OTT MILLER and UNITED MINE WORKERS OF AMERICA, DISTRICT #31, AFFILIATED WITH C. I. O. In the Matter of S. A. KENDALL, Jr., H. E. REAM, STANLEY ASHBY, AND LESTER YUTZY, STANLEY COAL COMPANY, KRAY COAL COMPANY, OR WHATEVER NAME DOING BUSINESS, AND SHERMAN HELMS and UNITED MINE WORKERS OF AMERICA, DISTRICT #31, AFFILIATED WITH C. I. O. In the Matter of S. A. KEND LL, JR., H. E. REAM, STANLEY ASHBY, AND LESTER YUTZY, STANLEY COAL COMPANY, KRAY COAL COMPANY, OR WHATEVER NAME DOING BUSINESS, AND JESSE SALISBURY and UNITED MINE WORKERS OF AMERICA, DISTRICT #31, AFFILIATED WITH' C. I. O. Cases Nos. R-3325 to R-3338, inclusive , respectively AMENDMENT TO SECOND DIRECTION OF ELECTION June 27, 1942 On May 27, 1942 ,' the National Labor Relations Board issued a Second Supplemental Decision , Certification of Representatives, and Second Direction of Election in the above-entitled proceeding., The Board, having been advised by the Acting Regional Director for the Sixth Region (Pittsburgh , Pennsylvania), that a longer period within which to hold the election is necessary , hereby amends the Second Direction of Election dated May 27, 1942, by striking there- from the words "not later than thirty ( 30) days from the date of this Second Direction of Election " and substituting therefor the words- "not later than forty -five _ (45 ) days from the date of this Second Direction of Election." 141 N L R B 393 41 N. L. R B., No 83a., 399