Fentress Coal and Coke Co.

In the Matter of FENTRESS COAL AND COKE COMPANY and DISTRICT 19, UNITED MINE WORKERS OF AMERICA Case No. R-4067.-Decided August 13, 19.1 Jurisdiction : coal mining industry. Investigation and Certification of Representatives : existence of question: Com- parry's doubt as to union's majority and its refusal to agree to a card check; election necessary.. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees, excluding mine foremen, assistant mine foremen, fire bosses, bosses in charge of any class of labor inside',or outside the mine, coal inspectors, weigh bosses, watchmen, clerks, and members of the executive, technical, and super- visory forces. Mr. Ralph L. Wiggins, for the Board. Mr. John Grady O'Hara; of Jellico, Tenn., for the Union. Miss Marcia Hertzmark; of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by District 19, United Mine Workers ' of America, herein called the Union, alleging that a question- affecting commerce had arisen concerning the representation of employees of Fentress Coal and Coke Company, Nashville, Tennessee; herein called the Company, the National Labor Relations Board provided for .in appropriate hearing upon due notice before Alexander E. Wilsoi , Jr., Trial Examiner. Said hearing was held at Crossville, Tennessee, on July 24, 1942; The BBoard and the Union appeared, participated, and .were afforded full opportunity to be heard, to examine and cross-exam- ine witnesses, and to introduce evidence bearing on the issues. The Company did not. appear.' 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 Board makes the-following: ?At'the "conimeiicein4nt °of the hearing, the Trial Examiner announced that he had re-' ceived ' d telephone message'from counsel from the Company, stating that it was impossible for counsel to attenii.: 43 N. L. R. B., No. 12. N 109 110 DECISIONS OF NATIONAL LABOR RELATIONS BOARD FINDINGS OF FACT I. THE BUSINESS ' OF THE COMPANY Fentress Coal and' Coke Company; a Delaware corporation having its principal office in Nashville, Tennessee, is engaged in mining and- sellilig, bituminous coal at its mines in Wilder, Fentress County, Ten- nessee. The Company purchases' approximately $40,000 worth of sup- plies annually for use in its mining, operations. Approximately one-, third of such supplies is shipped to its mules from points outside'the State of Tennessee. About 30,000 tons of coal are mined and produced by the Company monthly. Of this amount, 20 percent is shipped to coal dealers in the State of Georgia, approximately 7,000 tons are shipped to the Tennessee Valley Authority in the State. of Tennessee, and 4,000 tons-.are sold to the Georgia Railroad, which receives the coal at the Company's mines and transports it into the State of Georgia. The Company sells approximately 6,000 tons of coal each-month to the Tennessee Central Railroad, which operates lines both within and without the State Of Tennessee. II. THE ORGANIZATION INVOLVED . District 19, United Mine Workers of America, is a labor organiza- tion affiliated with the Congress of Industrial Organizations, admit- ting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION '-The Union notified the Company on June 18, 1942, that it repre- sented a majority of the Company's employees and requested that the Company check the Union's cards against its pay roll. The Company replied on June 24, 1942, that it doubted that the Union represented a majority of its 'employees and refused to agree to a card check. A statement of a Field Examiner, introduced in evidence at the hear- ing, shows that the Union represents a substantial number of em- ployees `in the' unit hereinafter found appropriate.' . We find that a question affecting commerce has, arisen concerning the' representation of employees of the Company, within the-meaning of Section 9 (c) and Section'2 (6) and (7) of the National Labor Rela- tions Act. 2 The Field Examiner reported that the' Union submitted 296 designations,. all bearing apparently genuine, original - signatures- and dated between March 1, 1941, and June, 1, 1942,.247 of which bore names. of persons listed on the pay roll of the Company for June 15, 1942. There are 287 persons within the unit hereinafter found. appropriate. FENTRESS COAL AND COKE COMPANY 111 IV.. THE APPROPRIATE UNIT - The Union requests a unit composed of all production and mainte- nance. employees of the Company , excluding mine foremen, assistant mine, foremen, fire bosses, bosses in charge of any class of labor inside or outside the mine, coal inspectors, weigh bosses, watchmen, clerks, and members of the executive , technical, and supervisory forces of the Company. It appears that the unit herein requested is identical with that 'provided for in the agreement between the Union and Southern Tennessee Coal Producers' Association which is now in effect. We find that .all production and maintenance employees of the Com- pany, , exxcluding mine foremen, assistant mine foremen, fire bosses, bosses in charge, of any class of labor inside or outside the mine, coal inspectors, weigh bosses, watchmen, clerks, and members of the execu- tive, technical, and supervisory forces of the Company,, constitute a unit appropriate for the purposes of collective bargaining , within the - meaning 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 among the em-. ployees of the Company in the appropriate unit who were employed ' during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction. 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 Relations Act, and pursuant to Article III, Section 8, of National Labor Rela- tions Board Rules and Regulations-Series 2; as amended, it is hereby DIRECTED that;.as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Fentress Coal and Coke Company, Nashville, Tennessee, 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 Tenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations , among the employees in the unit found appropriate in Section IV, above, who were employed ,luring the pay-roll period immediately preceding the- date ' of this 112 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Direction, including any such 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 any who have since quit or been discharged for cause, to determine whether or not they desire to be represented by District 19, United Mine Workers of America, affiliated with the C. I. 0., for the purposes of collective bargaining. - MR. WM. M. LEISERsoN took no part in the consideration of the above Decision and Direction of Election.