Glen Alden Coal Co.

National Labor Relations Board - Board Decisions

Jan 8, 1943

46 N.L.R.B. 898 (N.L.R.B. 1943)

In the Matter of GLEN ALDEN COAL COMPANY and INTERNATIONAL
MOULDERS & FOUNDRY `YORKERS UNION, LOCAL 133, A. F. L.
In the Matter of GLEN ALDEN COAL COMPANY and INTERNATIONAL
ASSOCIATION OF MACHINISTS, A. F. L.
Cases Nos. R-4400 and R-4401, respectively
- n SUPPLEMENTAL DECISION
CERTIFICATION OF REPRESENTATIVES.
AND
SECOND DIRECTION OF ELECTION
January 8, 1943
On November 23, 1942, the National Labor Relations Board issued
a Decision and Direction of Elections in the above-entitled proceed-
ing 1 'Purs'uant to- the Direction. of Elections, elections, by secret
ballot were conducted on December 11, 1942, under the direction and
supervision of the Acting Regional Director for the Fourth Region
(Philadelphia, Pennsylvania). On December 15; 1942, the Acting
Regional Director, acting pursuant to Article III, Section 10, of
National Labor Relations Board Rules and Regulations-Series 2, •
as amended, issued and duly served upon the parties his Elections
Report.
-As to the balloting and its results, the Acting Regional Director
reported as follows :
1. Case No. R-4400 (foundry workers),
Total on eligibility list------------------------------------- 56
Total ballots cast------------------------------------------- 45
Total ballots challenged------------------------------------- 0
Total blank ballots------------------------------------------ 0
Total void ballots__------------------------------------------ 0
Total valid votes counted----------------------------------- 45
Votes cast for International Moulders & Foundry Workers
Union, Local 133, A F. L------------------ ------------------- 43
Votes cast for United Mine Workers, District No. 1---------- 1
Votes cast for neitler-------------------------------------- 1
145 N L R B 738.
46 N I, R B, No 100
898
GLEN ALDEN COAL-COMPANY 899
2. Case No. R-1101 (repair shop employees)
Total on eligibility list------------------------------------- 213
Total ballots cast------------------------------------------- 189
Total ballots challenged------------------------------------- 0
Total blank ballots --------- --------------------------------- 0
Total void ballots------------------------------------------ 1
Total valid votes counted----------------------------------- 188
Votes cast for International Association of Machinists, A. F. L. 94
Votes cast for United Mine Workers, District No. 1------------ 4
Votes cast for neither-------------------------------------- 90
Thereafter, on December 21, 1942, the Company filed objections
to the Elections Report, alleging that certain of its foundry em-
ployees, having been inducted into the armed forces prior to the date
of the election, received no notice thereof and were thereby deprived
of their right to vote; and that an existing contract with the United
Mine Workers, District No. 1, constituted a bar to the election. We
find no merit in these objections. In our Decision and Direction of
Elections, employees in the armed services were specifically included
among those eligible-to vote. However, ballots were not mailed to
such employees, because our administrative experience has shown
that completion of elections has in the past been seriously retarded
because of difficulties involved in determining the location of such
employees and frequently gave rise to substantial issues relating to
the conduct of the ballot and the election. Moreover, actual returns
from such mailed ballots- have been relatively small: The question
regarding the effect'of the contract with the United Mine Workers,
District No. 1, was considered in the Decision and Direction of Elec-
tions and said contract was held to constitute no bar to a present
determination of representatives. The objections are hereby over-
ruled. '
In the Decision and Direction of Elections previously referred to,
the Board' made no 'final determination as to the approfirite units,
but found that the foundry employees and the repair shop employees
could properly be considered separate units or be included as part
of an industry-wide unit, depending upon the results of the elections
directed -by the Board. The results of the election among the
foundry employees show that a majority of them desire to be repre-'
sented by International Moulders & Foundry Workers Union; Local
133, A. F. of L., and to function as a separate unit. Accordingly,
we shall certify said union as the exclusive representative of the
foundry employees, for the purposes of collective bargaining'.
'See Matter of Wilson R Co, Inc and Packinghouse TTorl,ers Oiganizing Conuuittee,
Local No 20, affiliated with the C I. 0, 37 N. L R B 944; Matter of J. 0, cenebauni
Tanning Co and. International Fai it Leather TPwle,s Union, Local No 260 (C I 0), 42-
N L Ii B 626
900 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On December 17, 1942, the International Association of Machinists,
A. F. L., requested that a run-off election be held among the repair
shop employees, since neither of the competing labor organizations
received a majority of the votes cast. The results of the election
show that a majority of'the repair shop employees desire to bargain
collectively with the Company. Accordingly, we shall direct a run-
off election, in which such employees will be given an opportunity
to decide whether they desire to be represented by the International
Association of Machinists, A.-F: L., or by the United Mine Workers,
District No. 1, for the purposes of collective bargaining.
Upon the entire record in Case No. R-4400, the Board makes the
following :
SUPPLEMENTAL FINDINGS OF FACT
We find that all foundry employees at the Company?s Exeter Shop,
including moulders, coremakers, chippers and grinders, crane run-
ners, cupola tenders, and laborers, but excluding supervisors, foremen,
and clerical employees, constitute a unit appropriate for the purpose
of collective bargaining within the meaning of Section 9 (b) of
the Act.-
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, and pursuant to Article III, Sections .9 and 10, of
National Labor Relations Board Rules and Regulations-Series 2, as
amended,
IT IS HEREBY CERTIFIED that International Moulders & Foundry
Workers Union, Local 133, A. F. L., has been designated and selected
by a majority of all foundry employees of Glen Alden Coal Com-
pany, West Pittston, Pennsylvania, at its Exeter Shop, including
moulders, coremakers, chippers and grinders, crane runners, cupola
tenders, and laborers, but excluding supervisors, foremen, and clerical
employees, as their representative for the purposes of collective
bargaining, and that,, pursuant to Section 9 (a) of the National
Labor Relations Act, International Moulders & Foundry Workers
Union, Local 133, A. F. ,L., is the exclusive representative of all such
employees for the purposes of collective bargaining with respect to
rates of pay, wages, hours of employment, and other conditions of
.employment. -
GLEN ALDEN COAL COMPANY 901
SECOND 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 Re-
lations Act, and, pursuant to Article III, Sections 9 and 10, of
National Labor Relations 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 Glen Alden Coal
Company, West Pittston, Pennsylvania, an election by secret ballot
shall be conducted 'as early as possible, but not later than thirty (30)
days from the date of this Second Direction of Election, under the
direction and supervision of the Regional Director for the Fourth
Region, acting in this matter as agent for the National Labor Re-
lations Board, and subject to Article III, Section 10, of said Rules
and Regulations, among all employees who were eligible to vote in
the election conducted in Case No. R-4401 pursuant to the 'Direction
of Elections issued November 23, 1942, but excluding those who have
since quit or been dischairged for cause, to determine whether they
desire to be represented by International Association of Machinists,
A. F. L., or by United Mine Workers, District No. 1, for the purposes
of collective bargaining. ,
CHAIRMAN Mi Lis took no part in the consideration of the above
Supplemental Decision Certification of Representatives and Second
Direction of Election.