Morris Brothers

National Labor Relations Board - Board Decisions

Jun 14, 1944

56 N.L.R.B. 1383 (N.L.R.B. 1944)

In.the Matter of BASIL MORRIS, ARTHUR'MORRIS, -AND C. A. MORRIS,
D/B/A MORRIS BROTHERS and UNITED, MINE WORKERS OF AMERICA,
DISTRICT 23
Case No., 14-B 830.Decided June 14, 1944
Mr: Arthur Morris, of Daniel Boone, Ky., for the Company.
Fox & Gordon, by Mr. B. M. Gordon, of Madisonville, Ky., and
Messrs.' Jess Lovelace and Earl Swver, of Madisonville, Ky.; for the
United.
Mr. C. C. Dreman, of Belleville, Ill., Mr. Earl Evans, of Madison-
ville, Ky.; and Mr. John Marchiando, of Springfield, Ill., for the
Progressive.
Mr. Louis Cokin, of counsel to the Board.'
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended' petition duly filed' by United Mine
Workers-of America, District 23, herein called the United, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Basil Morris, Arthur Morris, and C. A.
Morris, partners • d/,b/a Morris Brothers; Daniel Boone, Kentucky,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Ryburn L.
Hackler, Trial Examiner. Said hearing was held at Madisonville,
Kentucky; on May 11, 1944. At the commencement of the hearing the
Trial Examiner granted a motion of progressive Mine Workers of
America, District 5, herein called the Progressive, to intervene. The
Company, the United, and the Progressive appeared at and partici'
pated in the hearing and all parties were afforded full, opportunity to'
be heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues. During the course of the hearing, the Pro-
gressive moved to dismiss the petition. The Trial Examiner reserved,
ruling. The motion is hereby denied. The Trial Examiner's rulings
made at the hearing are free from prejudicial error and are hereby
56 N. L. R. B., No. 246. '
1383
`1384 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
affirmed. , All parties were afforded opportunity to file, briefs with
the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Basil Morris, Arthur Morris, and C. A. Morris 'constitute a partner-
ship operating a single coal mine known as Morris No. 2, located near
Daniel Boone, Kentucky. The Comp any,'produces approximately
5,000 tons of coal monthly at Morris No. 2, 70 percent of which is lump
and nut coal and 30 percent slack or screenings. About 27 percent of
the lump "and nut coal is loaded in trucks bearing State of Tennessee
license plates. One of the partners in the Company' testified, on the
basis' of-his records, that all the lump and nut coal loaded in trucks
bearing State of Tennessee license plates went into that State. The
Company operated under Section 4 (a) of the Bituminous Coal Act
and thus operated under the Bituminous Coal Code until the latter'
was abolished in August 1943. The Company uses abount 1,800
pounds of powder per month, all*of which is shipped to it from points
outside the State of Kentucky. , It also purchases repair parts valued
at abount $50 monthly, all of which is shipped to it from points outside
the State of Kentucky. _
We find that the Company'is engaged in commerce within the mean-
ing of the National Labor Relations Act.
ti
II. THE ORGANIZATIONS INVOLVED
United Mine Workers of America, District 23, is a labor organiza-
tion admitting to membership'employees of the Company.
Progressive Mine Workers of America, District 5, is a labor organi-
zation admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the United as the exclusive col-
lective bargaining representative of its employees until such time as
-the United is certified by the Board.
On July 1, 1942, the Company and the Progressive entered into an
exclusive bargaining contract. The contract provides that it shall
remain in effect until July 1, 1944, or terminate sooner if the Progress
sive ceases to be the representative of the employees and the employ-
ees have selected 'a new bargaining agent "in the manner provided for
by law." Inasmuch as the contract is about to expire 1 and further
1 Matter of Atlantte Footwear Co , hac , 5 N. L R B. 252.
MORRIS BROTHERS 1385
provides for termination upon a subsequent designation of another
collective bargaining agent,2 we find that it does not constitute,a bar
to a determination of representatives at this time.
A statement of the Trial Examiner , read into evidence at the hear-
indicates that the United represents a substantial number of em-
ployees in the unit hereinafter found to be appropriate.3
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.
I
IV. THE APPROPRIATE UNIT
We find, in substantial agreement with a stipulation of the parties,
that all production and maintenance employees at the Morris No. 2
Irvine of the Company, excluding watchmen, clerks , members of the
executive , supervisory , sales , and technical force, mine foremen, as-
sistant mine foremen, firebosses, head electricians , head mechanics
or bosses in charge of any class of labor, inspectors , weighbosses, and
any other supervisory employees with authority to hire, promote, dis-
charge, discipline , or otherwise effect changes in the status of employ-
ees, or effectively recommend such action, constitute a unit appropri-
ate for the purposes of collective bargaining, within the meaning of
Section 9 ( b) of the,Act.4
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees in the appropriate unit who were employed during
the pay-roll period immediately preceding the date of the Direction
of Election herein, subject to the limitations and additions set forth
in the Direction.
The United and the Progressive request that they appear 'on the
ballot as "U.-M. W. of A., District 23" and "P. M. W. A., District 5,"
respectively. The requests are hereby granted.
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-
Matter of Farr-Alpaca Co , Inc, 9 N L R B 1208.
s The Trial Examiner reported that the United presented 10 membership application cards
bearing the names of persons who appear on the Company's pay roll for the period ending
May 4, 1944 There-are approximately 28 employees in the appropriate unit. The Pro-
gressive did not present any e%idence of representation but relies upon its contract as
evidence of its interest in the instant proceeding
4 This is the same unit that is provided for in the contract between the Progressive and
the Company.
1386 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
lations Act , and pursuant to , Article III, Section 9, of National' Labor
Relations Board Rules and Regulations, Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Basil Morris,
Arthur Morris , and C . A. Morris, partners d/b/a Morris Brothers,
Daniel Boone, Kentucky , an election by secret .ballot shall be con-
ducted as soon 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 ' Fourteenth Region,- acting , in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Sections 10 and 11 , of said .Rules and Regulations,
among the employees in the unit found appropriate in Section IV,
above, who were employed during the pay-roll period immediately
preceding the date of this Direction , including employees who did
not work during said pay -roll ' period because they were ill or on
vacation or temporarily laid off, and including employees in the
armed forces of the United States who present themselves at the
polls, but excluding- any 'employees who have since quit or been dis-
charged for cause and ' have not been rehired or reiiistated prior to
the date of the election , to determine whether they desire to be repre-
sented by U. M. W. of A., District 23, or by P. M. W. A., District 5,
for the purposes of collective bargaining , or by neither.