Providence Coal Mining Co.

In the Matter Of PROVIDENCE COAL MINING COMPANY and UNITED MINE WORKERS OF AMERICA , DISTRICT #23 Case No. R-3114 AMENDMENT TO DIRECTION OF ELECTION November 30, 1940 On November 8, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceeding.' The Direction of Election directed that an election by secret ballot be conducted as early as possible, but not later than thirty (30) days from the date of the Direction, among all persons employed in the mining operations at Mine 3 and Luton Mine of the Company as production employees whose names appear on the Company's pay roll of October 15, 1940, in- cluding employees who did not work during such pay-roll period because they were ill or on vacation and employees who had then or had since been temporarily laid off, but excluding superintendents, mine foremen, section foremen, room bosses, face bosses, top bosses entry bosses. electricians in a supervisory capacity, all other super- visory employees, guards or watchmen, and employees who have since quit or been discharged' for cause, to determine whether they desire to be represented by United Mine Workers of America Dis- trict #23, affiliated with the Congress of Industrial Organizations, or by Progressive Mine Workers of America, District 5, affiliated with the American Federation of Labor, for the purposes of collec- tive bargaining, or by neither. The Board, having been advised that Progressive Mine Workers of America, District 5, affiliated with the American Federation of Labor, does not desire its name to appear on the ballot, hereby amends the Direction of Election by striking therefrom the words "to determine whether they desire to be represented by United Mine Workers of America District #23, affiliated with the Congress of Industrial Organizations, ' or by Progressive Mine Workers of America, District 5, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither," 1 27 N. L. R. B 1245. 28 N. L. R. B., No. 44 254 PROVIDENCE: COAL MINING, COMPANY 255 and substituting therefor the words "to determine whether or not they desire to be represented by United Mine Workers of America District #23, affiliated with the Congress of Industrial Organiza- tions, for the purposes of collective bargaining." CHAIRMAN HARRY A. MILLIS took no part in the consideration of the above Amendment to Direction of Election. SAME TITLE] CERTIFICATION OF REPRESENTATIVES December 23, 1940 On November 8, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in'the above-entitled proceeding.' On November 30, 1940, the Board -issued an Amendment to Direction of Election.' Pursuant to the Direction of Election, as amended, an election by secret ballot was conducted on December 5, 1940, under the direction and supervision of the Regional Director for the Eleventh Region (Indianapolis, Indiana). On December 7, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties an Election Report on the ballot. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : Total number of employees alleged eligible to vote---------- 234 Total number of employees voted____________________________ 225 Total number of valid votes east___________________________ 218 Total number of votes for United Mine Workers of America, District #23, affiliated with the CIO______________________ 121 Total number of votes against United Mine Workers of Amer- ica, District #23, affiliated with the CIO__________________ 97 Total number of blank ballots_______________________________ 0 Total number of void ballots________________________________ 0 Total number of challenged ballots___________________________ 7 By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regula- tions-Series 2, as amended, - 127 N L. R. B. 1245. 228 N. L. R. B., No. 44. 256 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IT Is HEREBY CERTIFIED • that United Mine Workers of America, District #23, affiliated with the Congress of Industrial Organiza- tions, has been designated and selected by a majority of all persons employed as-production employees in the mining operations at Mine 3 and Luton mine of Providence Coal Mining Company, Providence, Kentucky, 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 Act, United Mine Workers of America, District #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 conditions of employment. 28 N. L. R. B., No. 44a.