Lick Creek Coal Company And United Mine Workers Of America, District #23, Affiliated With The C. I. O. And Progressive Mine Workers Of America, District #5, Affiliated With The A. F. Of L., Party To The Contract, 654 (1939)

In the Matter of LICK CREEK COAL COMPANY and UNITED MINE WORKERS OF AMERICA, DISTRICT #23, AFFILIATED WITH THE C. I. O.

and PROGRESSIVE MINE WORKERS OF AMERICA, DISTRICT #5,

AFFILIATED WITH THE A. F. OF L., PARTY TO THE CONTRACT In the Matter of LICK CREEK COAL COMPANY and UNITED MINE WORKERS OF AMERICA, DISTRICT #23, AFFILIATED WITH THE C. I. O.

Cases Nos. C-1413 and R-1610, respectively.-Decided November 13, 1939 Coal Mining Industry-Settlement: stipulation providing for compliance with the Act, including disestablishment of company-dominated union.-Order:

entered on stipulation-Investigation of Representatives: stipulated: respondent refuses to recognize either of rival labor organizations unless certified by the Board-Unit Appropriate for Collective Bargaining: all persons in the mining operations of the respondent as production employees, excluding superintendents, mine foremen, room bosses, face bosses, top bosses, entry bosses, electricians in a supervisory capacity, all other supervisory employees, and 'guards' or 'watchmen'-Election Ordered: pursuant to stipulation.

Mr. Arthur R. Donovan, Mr. Colonel C. Sawyer, and Mr. Robert D. Malarney, for the Board.

Mr. Abner C. Johnston, of Dawson Springs, Ky., for the Respondent.

Mr. Ed. J. Morgan, of Madisonville, Ky., and Mr. Earl E. Houclc, of Washington, D. C., for the United.

Mr. John R. Kane, of Springfield, Ill., for the Progressive.

Mr. Langdon West and Miss Margaret Holmes, of counsel to the Board.

DECISION ORDER AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon charges and amended charges duly filed by United Mine Workers of America, District #23, affiliated with the Congress of Industrial Organizations, herein called the United, the National Labor Relations Board, herein called the Board, by the Regional Director for the Eleventh Region (Indianapolis, Indiana), issued its 654 655 complaint dated October 20, 1939, against Lick Creek Coal Company, Dawson Springs, Hopkins County, Kentucky, herein called the respondent, alleging that the respondent had engaged in and was engaging in unfair labor practices within the meaning of Section 8 (1), (2), and (3) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. A copy of the complaint accompanied by notice of hearing was duly served upon the respondent, the United, and Progressive Mine Workers of America, District #5, affiliated with the American Federation of Labor, herein called the Progressive. The respondent did not file an answer to the complaint.

On or about October 18, 1939, the United filed with the Regional Director a petition alleging that a question affecting commerce had arisen concerning the representation of employees of the respondent and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the Act. On October 20, 1939, the Board, acting pursuant to Section 9 (c) of the Act and Article III,

Section 3, Article III, Section 10 (c) (2), and Article II, Section 36 (b), of National Labor Relations Board Rules and Regulations-Series 2, ordered an investigation upon the petition and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice and further ordered that the two cases be consolidated.2 On October 23, 1939, the respondent, the United, the Progressive, and counsel for the Board entered into a stipulation in settlement of the case subject to the approval of the Board. On November 10, 1939, the respondent, the United, the Progressive and counsel for the Board entered into a supplemental stipulation amending the complaint. The stipulation and the supplemental stipulation are set forth below:

STIPULATION Lick Creek Coal Company, hereinafter called the Respondent;

United Mine Workers of America, District #23, affiliated with the Congress of Industrial Organizations, hereinafter sometimes called the United; the Progressive Mine Workers of America,

District #5, affiliated with the American Federation of Labor, hereinafter sometimes called the Progressive; and Arthur R.

Donovan, Regional Attorney for the Eleventh Region of the National Labor Relations Board, Colonel C. Sawyer, and Robert D. Malarney, Attorneys, National Labor Relations Board, hereinafter sometimes called the Board, hereby stipulate and agree that:

1 Although this case had been consolidated with several others by orders of the Board dated August 9, 1937, May 3, 1939, and July 17, 1939, respectively, these orders of consolidation were revoked by the Board's order dated October 20, 1939.

2 The name of Robert Nance was incorrectly inserted in the caption of the complaint case in the order of consolidation.

I Upon amended charges duly filed by the United on August 30, 1939, the National Labor Relations Board, by its Regional Director for the Eleventh Region, acting pursuant to authority granted in Section 10 (b) of the National Labor Relations Act (49 Stat. 449), hereinafter sometimes called the Act, and pursuant to authority granted by the Board's Rules and Regulations, Series 2, Article II, Section 5, issued its Complaint on the 20th day of October 1939, against the Respondent.

II Upon a Petition duly filed by the United on October 18, 1939, the Board, on October 20, 1939, directed that an investigation of bargaining representatives be made pursuant to Section 9 (c) of the Act. Upon authorization by the Board, the Regional Director for the Eleventh Region, issued notice of hearing on October 20, 1939. In the petition filed by the United, it was stated that both the United and the Progressive claim to have been designated as collective bargaining representatives by employees in the unit alleged in said petition to be appropriate, and the United and the Progressive are each a party to said proceeding instituted by said petition by virtue of the Board's Rules and Regulations, Series 2, Article III, Section 3.

III The Respondent, the United and the Progressive withdraw all motions and other pleadings filed by them in the proceedings herein, except that the United does not withdraw the amended charges and the petition hereinbefore mentioned in Articles I and II of this sitpulation.

IV The respondent, the United and the Progressive, hereby waive their right to a hearing or hearings in these cases and all parties expressly agree that the amended charges filed on August 30, 1939, the complaint and notice of hearing issued on October 20, 1939, the petition filed by the United on October 18, 1939, the Order of the National Labor Relations Board directing an investigation and the notice of hearing pursuant to this Order for investigation, and this stipulation, may be introduced in the record in the proceedings herein, by filing with the Chief Trial Examiner of the National Labor Relations Board at Washington, D. C.

657 V The Respondent, the United, and the Progressive, hereby acknowledge due service of the complaint and notice of hearing upon the complaint and of the petition and notice of hearing pursuant to the Board's Order directing investigation and hearing and expressly waive any right or privilege which they may have for ten (10) days notice of hearing and to the holding of a hearing or hearings in these cases and also waive any right or privilege which they may have to the making of findings of fact and conclusions of law by the Board.

VI The Respondent specifically admits each and every allegation in paragraphs I and II of the Board's complaint herein and stipulates and agrees that it is engaged in interstate commerce within the meaning of Section 2 (6) and (7) of the Act.

VII The United, the Progressive and the Independent Miners' Union, are, each and all of them, labor organizations within the meaning of Section 2, subdivision (5) of the Act.

VIII It is...