Flat Creek Coal Co.

In the Matter of FLAT CREEK COAL COMPANY 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 THE A. F. OF L., PARTY TO THE CONTRACT In the Matter of FLAT CREEK COAL COMPANY and UNITED MINE WORKERS OF AMERICA, DISTRICT #23, AFFILIATED WITH THE C. I. O. Cases Nos . C-1403 and R-1603, respectively SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES March 29, 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,' and on December 11, 1939, in accordance with a stipulation of the parties, issued an amendment thereto cor- recting certain inadvertent errors. Pursuant to the Direction of Election, as amended; an election by secret-ballot was -conducted on December 11, 1939, near Anton, Kentucky, under the direction and supervision of the Regional Director for the Eleventh Region (Indi- anapolis, Indiana). On December 16, 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, his findings and recommendations. As to the balloting and its results, the Regional Director reported as follows : Total number of eligible voters ______________________________ 85 Total number of ballots cast_______________________________ 81 Total number of ballots counted__ ___________________________ 77 Total number of ballots cast for United Mine Workers of America, District #23, affiliated with the C. I. O___________ 47 Total number of ballots cast for Progressive Mine Workers of America, District #5, affiliated with the A. F. of L-------- 29 Total number of ballots for neither organization_____________ 1 Total number of blank ballots _______________________________ 0 Total number of void ballots___ _____________________________ 0 Total number of challenged ballots__________________________ 4 117 N L R. B. 546 22 N. L. R. B., No. 6. 52 FLAT CREEK COAL COMPANY 53 In his Election Report the Regional Director made no ruling on the four challenged ballots, as the result of the election would not be materially affected by their disposition. On December 22, 1939, Flat Creek Coal Company, Madisonville, Hopkins County, Kentucky, herein called the Company, filed its objections to the Election Report and an affidavit in support of its objections, and requested the privilege of amending its objections thereafter when it had completed an investigation it was then mak- ing. The company objected to the conduct of the ballot and to the Election Report upon the grounds, inter alia, that the Board's agents in charge of the election had in various ways favored United Mine Workers of America, District No. 23, affiliated with the Congress of Industrial Organizations, herein called the United, and that the United had intimidated and improperly influenced the Company's employees. On December 26, 1939, a petition was filed by an attorney who claimed to represent 43 persons alleged to be employees of the Com- pany. The petition alleges that the said 43 employees cast a majority of the valid votes in the election; that each of them intended to vote for Progressive Mine Workers of America, District No. 5, affiliated with the American Federation of Labor, herein called the Pro- gressive; that each of them believes that he voted for the Progressive; and that if they voted for the United it was through error. The petition also requested that the election be set aside and that a new election be held. On December 28, 1939, the United filed a document captioned "Demurrer, Motion and Answer to Objections," in which it denied the allegations made by the Company, and prayed that the objec- tions be overruled and that the United be certified as the representa- tive of the Company's employees. On December 27, 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 Conduct of the Ballot and Election Report, in which, after investigation, he reported each of the objections made by the Company to be without merit and overruled them, and recom- mended that the Company not be permitted to amend its objections at a later date when it had completed the investigation it was allegedly making. The Regional Director referred the petition on behalf of the 43 individuals to the Board without recommendation. The Board has considered the Election Report, the objections and affidavit filed by the Company, the answer filed by the United, the petition filed on behalf of the 43 individuals, and the Report on Objections to Conduct of the Ballot and Election Report, and finds 28303 :-41-v of 22-a 54 DECISIONS OF NATIONAL LABOR RELATIONS BOARD that the objections filed by the Company and the petition filed on behalf of the 43 individuals do not raise substantial or material issues with respect to the conduct of the ballot or to the Election Report. The Regional Director's ruling with respect to the objec- tions are hereby affirmed. The Company's request for permission to amend its objections and the request by the 43 individuals that the election be set aside and a new election held are hereby denied. 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 United Mine Workers of America, District No. 23, affiliated with the Congress of Industrial Organiza- tions, has been designated and selected by a majority of the persons employed in the mining operations of the Flat Creek Coal Company, Madisonville, Hopkins County, Kentucky, as production employees, 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 "watch- men," as their representative for the purposes of collective bargaining and that pursuant to Section 9 (a) of the National Labor Relations Act, United Mine Workers of America, District No. 23, affiliated with the Congress of Industrial Organizations, is the exclusive repre- sentative of all such employees for the purposes of collective bargain- ing in respect to rates of pay, wages, hours of employment, and other conditions of employment. 4