Dawson Daylight Coal Co.

In the Matter of DAWSON DAYLIGHT COAL COMPANY and UNITED MINE WORKERS OF AMERICA, DISTRICT # 23, AFFILIATED WITH THE. C. I. O. and PROGRESSIVE - MINE WORKERS OF AMERICA, DISTRICT #5, AFFILIATED WITH THE A. F. OF L., PARTY TO THE, CONTRACT In the Matter of DAWSON DAYLIGHT COAL COMPANY and UNITED MINE WORKERS OF AMERICA, DISTRICT #23, AFFILIATED WITH THE. C. I. O. Cases Nos. C-1407 and R-1600, respectively SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES March 19, 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., 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. As to the balloting and its results, the Regional Director reported as follows : Total number of employees alleged eligible to vote____________ 236 Total number of ballots cast_ _______________________________ 225 Total number of ballots counted_____________________________ Total number of ballots cast for United Mine Workers of 223 America, District #23, affiliated with the C. I. O___________ 103 Total number of ballots cast for Progressive Mine Workers of America, District # 5, affiliated with the A. F. of L-------- 112 317 N. L. R . B. 581. 21 N. L. R. B., No. 78. 779 780 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Total number of ballots cast for neither organization -------- 8 Total number of blank ballots_______________________________ 0 Total number of void ballots ________________________________ 0 Total number of challenged ballots____ _______________________ 2 Before the ballots were counted the Regional Director ruled that the two,.voters who had cast challenged. ballots .were. ineligible, and that the two ballots should not be counted. The results of the elec- tion would not be materially affected by the disposition of these ballots and the ruling of the Regional Director is hereby affirmed. 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 affi- davits in support of its objections,2 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 alia, that although the employees of Dawson Daylight Coal Company, Dawson Springs, Kentucky, herein ,called the Company, actually desired the United as their bargaining representative, the Company intimidated, coerced, and influenced its employees to vote for Progressive Mine Workers of America, District : # 5, affiliated t with the American Federation of Labor, herein called the Progressive. On January 6, 1940, the Progressive filed a document captioned "Demurrer, Motion and Answer," 3 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 2.4 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 9 and March 1, 1940, respectively, the Regional Di- rector, acting pursuant to Article III, Section 9, of the Board's Rules and Regulations, issued and served upon the parties his Report on Objections to Election Report and his Supplementary Report on 2 The United also filed a supporting affidavit on February 16, 1940, which was re- ceived upon a showing that the material included therein was newly discovered and could not reasonably have been known to the United within the time provided for the filing of objections. 3 At this time the Progressive submitted several affidavits in support of its answer and thereafter submitted further affidavits in reply to the affidavit filed by the United on February 16, 1940. 4 The Regional Director made no specific ruling on the timeliness of the United' s objec- tions. The record shows that the United received the Election Report on December 18, 1939, and that its objections thereto were delivered to they Board's Eleventh Regional Office on December 26, 1939. The Board's Eleventh Regional Office was closed on De- cember 23, 24, and 25, 1939, for the Christmas holidays Under these circumstances, NNe 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 DAIN, SON DAYLIGHT COAL COMPANY 781 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 Supplementary Report on Objections to Election Report and finds that the objections filed by the United do not present substantial or material issues with respect to the conduct 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, 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 Dawson Daylight Coal Company, Dawson Springs, Hopkins County, Kentucky , as production employees, but excluding superintendents, mine foremen, section foremen, room bosses, face bosses, top bosses, entry bosses, electricians in a super- visory 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 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.