Ruckman Coal Co.

In the Matter Of RUCKMAN COAL COMPANY and UNITED MINE WORK- ERS OF AMERICA, DISTRICT #23, AFFILIATED WITH THE C. I. O. and PROGRESSIVE MINE `YORKERS OF AMERICA, DISTRICT #5, AFFILIATED WITH THE A. F. OF L., PARTY TO THE CONTRACT In the Matter of RUCKMAN COAL COMPANY and UNITED MINE WORK- ERS OF AMERICA, DISTRICT #23, AFFILIATED WITH THE C. I. O. Cases Nos. C-1409 and R-1606, respectively SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES February 28,1940 On November 13, 1939, the National Labor Relations Board, herein called the Board, issued its Decision, Order, and Direction of Election in the above-entitled case,l and on November 21, 1939, issued an amendment thereto in accordance with a stipulation of the parties correcting certain inadvertent errors. Pursuant to the Direction of Election, as amended, an election by secret ballot was conducted on December 11, 1939, near Providence, Kentucky, under the- direction and supervision of the Regional Director for the Eleventh Region (Indianapolis, Indiana). On December 16, 1939, the Regional Di- rector, 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. As to the balloting and its results, the Regional Director reported as follows : Total number of eligible voters______________________________ 130 Total number of ballots cast________________________________ 119 Total number of ballots counted_____________________________ 110 Total number of ballots cast for United Mine Workers of America, District #23, affiliated with the C. I. O__________ 16 Total number of ballots cast for Progressive Mine Workers of America, District #5, affiliated with the A. F. of L_________ 92 Total number of ballots cast for neither organization---------- 2 Total number of blank ballots_______________________________ 1 Total number of void ballots________________________________ 2 Total number of challenged ballots__________________________ 6 1 17 N. L. R. B. 604. 20 N. L. R. B., No. 91. 947 948 DECISIONS OF NATIONAL LABOR RELATIONS BOARD In his Election Report, the Regional Director made no ruling on the six challenged ballots, as the results of the election would not be materially affected by their disposition. On December 26, 1939, United Mine Workers of America, District #23, affiliated with the Congress of Industrial Organizations, herein called the United, filed objections to the Election Report and affidavits in support of its objections, and requested that the election be set aside. The United objected to the conduct of the ballot and the Election Report upon the grounds, inter alga, that Ruckman Coal Company, Providence, Kentucky, herein called the Company, intimi- dated, coerced, and influenced its employees to vote for Progressive Mine Workers of America, District #5, affiliated with the American Federation of Labor, herein called the Progressive, whereas they actually desired the United as their bargaining representative. On January 2, 1940, the Progressive filed a document captioned "Special Demurrer," 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 provided in National Labor Relations Board Rules and Regulations-Series 2 2 On January 5, 1940, the Progressive filed its answer and affidavits in support thereof. 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 January 10, 1940, 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 re- ported each of the objections to be without merit and overruled them. The Board has considered the Election Report, the objections and affidavits filed by the United, the answer and affidavits 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 conduct of 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. 2 Concerning the "Special Demurrer ," the Regional Director, in a letter to the Progres- sive stated that the United States Post Office Return Receipts for copies of the Election Report served upon the United show that the United received the Election Report on December 18, 1939 , that the United's letter of transmittal attached to its Objections to Election Report was dated December 22 , 1939 ; that the Board's Eleventh Regional Office was closed for the holiday period on December 23, 24 , and 25 , 1939, and that the United's objections were delivered to the Eleventh Regional Office on December 26, 1939. The Regional Director ruled that the United 's objections were timely . The Board hereby .affirms the Regional Director 's ruling. RUCKMAN COAL COMPANY 949 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 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 Ruckman Coal Company, Providence, Webster County, Kentucky, as production employees, excluding super- intendents, mine. foremen, .sectioli, 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, Pro- gressive Mine Workers of America, District #5, affiliated with the American Federation of Labor, is the exclusive representative of all such employees for the purposes of collective bargaining in respect ,to rates of pay, wages, hours of employment, and other conditions of employment. 283031-41-vol. 20--61