Norton Coal Corp.

In the Matter of NORTON COAL CORPORATION and UNITED MINE WORKERS OF AMERICA, DISTRICT #231 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 NORTON COAL. CORPORATION and UNITED MINE WORKERS OF AMERICA, DISTRICT #23, AFFILIATED WITH THE C. I. O. Cases Nos. C-1405, and R-1601,, respectively SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES March 09, 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 5, 1939, at Nortonville , and Illsley, Kentucky, under the direction and supervision of the Regional Director for the Eleventh Region (In- dianapolis , Indiana). On December 15, 1939, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Rela- tions 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 employees, alleged eligible-to vote ------------- 186 Total number of ballots cast_______________________________ 180 Totalnuniber of ballots counted____________________________ 149 Total number of ballots cast for United Mine Workers of America, District No. 23, affiliated with the C. I. 0--------- 80 Total number of ballots cast for Progressive Mine Workers of America, District No. 5, affiliated with the A. F. of L_______ 66 Total number of ballots cast for neither organization--------- 3 Total number of blank ballots_______________________________ 0 Total number of void ballots________________________________ 0 Total number of challenged ballots__________________________ 31 1 17 N L R B 569 22 N. L. R. B., No. 7. 55 56 DECISIONS OF NATIONAL LA1OR RELATIONS BOARD The Regional Director ruled that the 31 employees whose ballots were challenged were not eligible to vote because they were not regular production workers as of November 6, 1939, the pay-roll period des- ignated by the Board in its Direction of Election, but were persons employed by the Company for temporary construction work, whose employment had terminated on or before December 6, 1939. None of the parties objected to the Regional Director's ruling that these 31 employees were ineligible to vote. We therefore affirm the Regional Director's ruling on these challenged ballots. On December 26, 1939, Norton Coal Corporation, Nortonville, Ken- tucky, herein called the Company, filed its objections to the Election Report and an affidavit in support of its objections and requested that the election be set aside, that a new election be held, and that it be permitted to amend its objections thereafter when it had com- pleted an investigation it was then making. 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, Dis- trict 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 28, 1939, the United filed a document captioned "De- murrer, Motion, and Answer to Objections," in which it denied the allegations made by the Company and prayed that the objections be overruled and that the United be certified as the representative 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 the Election Report, in which, after investigation, he reported each of the objections made by the Company to be with- out merit and overruled them and recommended that the Company .not be permitted to amend-itsaobjections. 'l he Board has considered the Election Report, the objections, and affidavit filed by the Company, the answer filed by the United, and the Report on Objections to Election Report, and finds that the ob- jections filed by the Company do not raise substantial or material issues `with respect to the conduct of the ballot or the Election Re- port. The Regional Director's rulings with respect to the objections are hereby affirmed. The Company's requests that it be permitted to amend its objections and that the election be set aside and a new election held are hereby denied. NORTON COAL CORPORATION 57 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 Re- lations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Se- ries 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 Norton Coal Corporation, Nortonville and Illsley, 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 "watchmen," as their representative for the purposes of collective bargaining and that pur- suant to Section 9 (a) of the National Labor Relations Act, United Mine Workers of America, District No. 23, affiliated with the Con- gress of Industrial Organizations, is the exclusive representative of all such employees for the purposes of collective bargaining in re- spect to rates of pay, wages, hours of employment, and other con- ditions of employment.