Pond River Coal Co.

National Labor Relations Board - Board Decisions

Aug 28, 1942

43 N.L.R.B. 772 (N.L.R.B. 1942)

In the Matter of ALBERT J. RUCKMAN AND D . J. RUCKMAN, DOING BUSI-
NESS AS POND RIVER COAL Co. and UNITED MINE WORKERS OF AMERICA,
DISTRICT No. 23
Case No. P-41446.-Decided August 28,194
Jurisdiction : coal mining industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to accord petitioner recognition because of doubt in respect to its claim
of majority ; election necessary.
Unit Appropriate for Collective Bargaining : all production employees, excluding
the mine foreman, assistant mine foreman , fire bosses , head electrician, head
mechanic, bosses in charge of any classes of labor inside or outside of the mine,
coal inspectors, weighbosses, watchmen, clerks, and members of the executive
supervisory, sales and technical forces ; stipulation as to:
Mr. D. J. Pucka an, of Madisonville, Ky., for the Company.
Mr. A. J. Morgan, of Madisonville, Ky., for the U. M. W.
Mr. Seymour Spelman, of counsel to the Board.
o
DECISION
AND
DIRECTION OF ELECTION
- STATEMENT. OF THE CASE
Upon petition and amended petition duly filed by the United Mine
Workers of America, District No. 23; herein called the U. M. W., alleg-
ing that a question affecting commerce had arisen concerning the
representation of employees of Albert J. Ruckman and D. J. Ruckman,
doing business as Pond River Coal Company, Madisonville, Kentucky,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing on due notice before Arthur R.
Donovan, Trial Examiner. Said hearing was held at Madisonville,
Kentucky, on August 13, 1942. The Company and the U. M.W. ap-
peared, participated, and were afforded full opportunity to be heard,
to examine and to cross-examine witnesses, and to introduce evidence
bearing on the issues. The Trial Examiner's rulings made at the hear-
ing are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
43 N. L. R. B., No. 123.
772
ALBERT J. -RUCKMAN AND D. J. RUCKMAN . -773
FINDINGS OF FACT -
I. THE BUSINESS OF THE COMPANY '
- Pond ,River Coal Company, a partnership, having its office and a
mine in Madisonville, Kentucky, is engaged iii the mining -of coal.
Between September 30, 1941, and July 1, 1942, the Company produced
11,907 tons of coal valued in excess of $17,000. Most of the Company's
.product is shipped to places outside the State of Kentucky. The Com-
pany concedes that it is engaged in commerce within the meaning of
the National Labor Relations Act.
IT. THE ORGANIZATION INVOLVED
United Mine Workers of America, District No. 23, is a labor organi-
zation admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about July 16, 1942; the U. M. W. met with the Company and
requested recognition as the exclusive bargaining agent for the Com-
pany's employees. The Company expressed doubt in respect to the
U. M. W.'s claim of a,majority and refused to bargain with it.
A statement of the Regional Director, introduced in evidence at the
hearing, shows that the U. M. W. represents a substantial number of
employees in the unit hereinafter found appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act. _
IV. THE APPROPRIATE UNIT -
We find in accordance with a stipulation of the parties, that all
production employees of the Company, excluding the mine foreman,
assistant mine foreman, fire bosses, head electrician, head mechanic,
bosses in charge of any classes of labor inside or outside of the mine,
coal inspectors, weighbosses, watchmen, clerks, and members 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 Act.'
1 The Regional Director reported that the United Mine workers submitted 22 authoriza-
tion cards , all, except for 1 undated card , bearing dates between June 30, 1942, and
July 6, 1b42. Of the 22 cards submitted , 21 bore the apparently genuine signatures of
employees on the pay roll of the Company on July IT, 1942 , which pay roll included the
names of 22 non-supervisory employees
The unit herein found appropriate is substantially the same as that provided for in
existing agreements between the U. M. W. and other mine operators in the vicinity.
774 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
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 Rela-
tions Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-,
tives for the purposes of collective bargaining with Albert J. Ruckman
and D . J. Ruckman, doing business as Pond River Coal Company,
Madisonville , 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 direction 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, Sec-
tion 9, of said Rules and Regulations , among the employees in the
unit found appropriate in Section IV, above, who were employed dur-
ing the pay -roll period immediately preceding the date of this Direc-,
tion, including any such employees who did not work during said 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 any 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, for the purposes of collec-
tive bargaining.
CHAIRMAN MILLIS took' no part in the consideration of the above
Decision and Direction of Election.