Allen Coal Co.

In the Matter of ALLEN COAL COMPANY and UNITED MINE WORKERS OF AMERICA, DISTRICT No. 23 Case No. C-3337.-Decided December 16, 1941 Jurisdiction : coal mining, sales, and distribution industry. Investigation and Certification of Representatives : existence of question: refusal of the Company to accord union recognition until certified by the Board ; election necessary. Unit Appropriate for Collective Bargaining : all production employees at the Company's mine, excluding watchmen, clerks, land members of the executive, supervisory, sales, and technical forces; agreement as to. Mr. TV. Fred Fume, of Providence, Ky., for the Company. Mr. Earl Suber, of Madisonville, Ky., for the Union. Mr. Thomas B. Sweeney, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE. On August 28, 1941, United Mine, Workers of America, District No. 23, herein called the Union, filed with the Regional Director for the Eleventh Region (Indianapolis, Indiana) a petition alleging that a question affecting commerce had arisen concerning the representa- tion of employees of Allen Coal Company, Providence, Kentucky, herein called the Company, and requesting an investigation and cer- tification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On November 17, 1941, the National Labor Relations Board, herein called Me Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On November 19, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and 37 N. L R B, No. 110. 690 ALLEN COAL COMPANY 691 the Union. Pursuant to notice, a hearing was held on November 27, 1941, at Providence, Kentucky, before Robert D. Malarney, the Trial Examiner duly designated by the Chief Trial Examiner. The Com- pany and the Union were represented and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing, the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and-finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Allen Coal Company is a Kentucky corporation, having its prin- cipal office in Providence, Kentucky, where it is engaged in the mining, sale, and distribution of coal. From January through Sep- tember 1941, the Company mined coal valued at approximately $15,000, 25 percent of which was shipped, sold, and delivered to firms located in States other than the State of Kentucky. The Company admits that it is engaged in commerce within the meaning of the Act. IT. THE ORGANIZATIONS INVOLVED United Mine Workers of America, District No. 23, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as the exclusive rep- resentative of the employees in the unit claimed by the Union to be appropriate unless and until the Union is certified as such represent- ative by the Board. It appears from a statement of the Regional Director that the Union represents a substantial number of employees in the unit herein found to be appropriate.' We find that a question has arisen concerning the representation of employees of the Company. ' A statement of the Regional Director introduced in evidence at the hearing shows that the Union submitted '17 application cards bearing apparently genuine original signatures, 15 of which aie the names of persons who appear on the Company's pay roll of August 23, 1941 . There were approximately 19 names on this pay roll 692 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which, has .arisen, occurring in connection with the operations-.of the Company .described in Section I above, has a close, intimate , and substantial relation to trade, traffic , and commerce among the several States and -tends to lead to labor disputes burdening and obstructing commerce .and the free flow of commerce. V. TILE APPROPRIATE UNIT The parties stipulated, and we find, that all production employees .employed at the Company's mine located at Providence, Kentucky, .excluding watchmen, clerks , and members of the executive, super- visory,2 sales, and technical forces, constitute a unit appropriate for -the purposes of collective bargaining. We also find that said unit -will insure to employees of the Company the full benefit of their -right to self-organization and to collective bargaining and otherwise will effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question which has arisen concerning the repre- sentation of employees of the Company can best be resolved by an .election by secret ballot. We shall direct that an election by secret ballot be held among the employees of the Company in the appropriate unit who were employed during the pay-roll period immediately pre- .cedmng-the date of this-Direction of Election; subject to the limitations, and additions set forth in the Direction. On the basis of the above findings of fact and upon the entire record in the case, the Board makes the following: CONCLUSIONS'OF LAW 1. A question affecting commerce has arisen concerning the repre- , entatiou of employees of Allen Coal Company, Providence, Kentucky, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production employees employed at the Company's mine lo- cated at Providence, Kentucky, excluding watchmen, clerks, and mem- The parties specified the following supetvtsory employees mine foremen, assistant mine lot omen , fire bosses , the head electucian , the head mechanic , bosses in charge of any classes of Jabot inside or outside of the mine, coal inspectors , and weigh bosses ALLEN COAL COMPANY 693 bers of the executive , supervisory, sales, and technical forces, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. DIRECTION OF ELECTION 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, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as a part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bar- gaining with Allen Coal Company, Providence, Kentucky, an election by secret ballot shall be conducted as early as possible, but not later than-thirty (30) days from the date of this Direction, under the-direc- tion and supervision of the Regional Director for the Eleventh Region, acting in this matter as agent for the National Labor Relations Board; and subject to Article III,'Section 9, of said Rules'and-Regulations, among all production employees of the Company at its Providence mine who were employed by the Company during the pay-roll period imme- diately preceding the date of this Direction of Election,' including employees who did not work during such pay-roll period -because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding watchmen, clerks, and members of the executive, supervisory,' sales, and technical'forces, and employees who have since quit or been discharged for cause,' to determine whether or not they desire to be represented' by'United Mine Workers of America, District No. 23, affiliated with tlie'Congress of Industrial Organizations, for the purposes of collective bargaining. 8 See footnote 2, supra. 433257-42-voL. 37-45