Dawson Collieries, Inc.

In the Matter of DAWSON COLLIERIES, INCORPORATED and UNITED MINE WORKERS OF AMERICA, DISTRICT #23, AFFILIATED WITH THE C. I. O. and PROGRESSIVE MINE WORKERS OF AMERICA, DISTRICT •#5, AFFILI- ATED WITH TFIE A. F. OF L., PARTY TO THE CONTRACT In the Matter of DAWSON COLLIERIES, INCORPORATED and UNITED MINE WORKERS OF AMERICA, DISTRICT #23, AFFILIATED WITH THE C. I. O. Cases Nos. C-1408 and R-1604, respectively SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES February 28, 1940 On November 13, 1939, the National Labor Relations Board, herein called the Board, issued a Decision, Order, and Direction of Election in the above-entitled case., Pursuant to the Direction of Election, an election by secret ballot was conducted on December 4, 1939, at Dawson Springs, Kentucky, under the direction and supervision of the Regional Director for the Eleventh Region (Indianapolis, Indi- ana). On December 15, 1939, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, issued and duly served upon the parties an Election Report containing a tally of the ballots, and his findings and recommendations. The Regional Director reported the following results of the bal- loting : Total number of eligible voters-------------------------------- 66 Total number of ballots cast__________________________________ 64 Total number of ballots counted_______________________________ Total number of ballots cast for United Mine Workers of 64 America, District #23, affiliated with the C. I. 0._--___-__--_ 28 Total number of ballots cast for Progressive Mine Workers of America, District #5, affiliated with the A. F. of L.__---_-____ 35 Total number of ballots cast for neither organization ------------ 1 Total number of blank ballots--------------------------------- 0 Total number of void ballots__________________________________ 0 Total number of challenged ballots____________________________ 0 1 17 N. L. R. B. 593. 20 N. L. R. B., No.. 90. 944 DAWSON COLLERIES, INCORPORATED 945 On December 26, 1939, the United Mine Workers of America, Dis- trict #23, affiliated with the Congress of Industrial Organizations, herein called the United, filed objections to the Election Report and an affidavit in support of its objections, and requested that the elec- tion be set aside. The United objected to the conduct of the ballot and the Election Report upon the grounds, inter alia, that Dawson Collieries, Incorporated, Dawson Springs, Kentucky, herein called the Company, showed favoritism toward Progressive Mine Workers Of America, District #5 affiliated with the American Federation of Labor, herein called the Progressive; and that had the Company not shown such favoritism toward the Progressive a great majority of the employees would have voted for the United. On January 6, 1940, the Progressive filed a document captioned "Demurrer, Motion and Answer," 2 in which it contended that the United was barred from objecting to the Election Report because the United's objections had not been filed within the time limit pro- vided in National Labor Relations Board Rules and Regulations- Series 2.3 In its answer the Progressive denied the allegations made by the United and prayed that the objections be overruled and that the Progressive be certified as the representative of the Company's employees. On December 28, 1939, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-'Series 2, issued and served upon the parties his Report on Objections to Election Report, in which, after investigation, he reported each of the objections to be without merit and overruled them. The Board has considered the Election Report, the objections and affidavit filed by the United, the answer and affidavit filed by the Progressive, and the Report on Objections to Election Report, and finds that the objections filed by the United do not raise substantial or material issues with respect to the con-, duct of the ballot or the Election Report, and the Regional Director's rulings with respect to them are hereby affirmed, and the United's request that the election be set aside is hereby denied. 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, 2 The Progressive submitted an affidavit in support of its answer. 8 As is indicated in the following paragraph , the Regional Director issued his Report on Objections to Election Report prior to the date on which the Progressive filed its "De- murrer." The record shows that the United received the Election Report on December 18, 1939 , and that its objections thereto were delivered to the Eleventh Regional Offce on December 26, 1939 . The Board' s Eleventh Regional Office was closed on December 23, 24, and 25, 1939 , for the Christmas holidays . Under these circumstances , ye find that the objections were timely but in view of our other findings below on the merits the issue raised by the demurrer becomes immaterial. 946 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY CERTIFIED that Progressive Mine Workers of America, District #5, affiliated with the American Federation of Labor, has been designated and selected by a majority of the persons employed in the mining operations of the Dawson Collieries, Incorporated, Dawson Springs, Hopkins County, Kentucky, as production em- ployees, excluding superintendents, mine foremen, section foremen, .room bosses, face bosses, top bosses, entry bosses, electricians in a supervisory capacity, all other supervisory employees, and "guards" or "watchmen," as their representative for the purposes of collective bargaining and that pursuant to Section 9 (a) of the National Labor Relations Act, Progressive Mine Workers of America, District #5, affiliated with the American Federation of Labor, is the ex- clusive representative of all such employees for the purposes of col- lective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment.