and office employees. (There are approximately 60 employees in this classincation.) Number and classification of employees which representatives on whose behalf petition is filed claim to represent 50 of approximately 60 production employees. Names of any other known individuals or labor organizations who claim to represent any of the employees in such bargaining unit, United Mine Workers of America. Any other facts which petitioner considers relevant, United Mine Workers of America have a contract with the company which expires March 31, 1939. The undersigned hereby alleges that a question has arisen concerning the representation of the employees in the above bargaining unit, in that: The undersigned further alleges that said question concerning representation is a question affecting commerce within the meaning of said act. The undersigned requests that pursuant to section 9 (c) of the National Labor Relations Act, the National Relations Board investigate such controversy and certify to the parties the name or names of the representatives that have been designated or selected by said employees. (If Name and address of employees or representatives filing the petition. made by a labor organization, give also the name and official position of the person acting for the organization.)—Progressive Mine Workers of America, International Union, affiliated with American Federation of Labor; by Herman F. Eccher. Address Subscribed and sworn to before me this 11th Day of June 1938, at EXHIBIT NO. 71 [Copy] EXHIBIT K-5 Honorable ERNEST C. DUNBAR, Director, National Labor Relations Board, AUGUST 12, 1938. Scarritt Building, Kansas City, Mo. DEAR SIR: I hand you herewith a charge against the Alston Coal Company of Pittsburg, Kansas, which I am filing as attorney representing the International Union Progressive Mine Works of America. I am also submitting herewith a group of affidavits of employees of the Alston Coal Company, supporting the charge. The matters involved are urgent in character and I am hopeful that the affidavits submitted will serve to expedite action in this matter and be of some assistance to your representatives in bringing about a just and early settlement of the case. Our organizer, Mr. Hermann Eccher, is moving to 921 East 7th St., Pittsburg, Kansas, and may be reached there after Tuesday, August 16, and will be able to give any desired information. Respectfully yours, JAMES A. GLENN. UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD, SEVENTEENTH REGION In the matter of Alston Coal Company and International Union Progressive Mine Workers of America. Pursuant to Section 10 (b) of the National Labor Relations Act, the undersigned hereby charges that The Alston Coal Company of Pittsburg, Kansas, has engaged in and is engaging in unfair labor practices within the meaning of Section 8, subsections (1), (3), and (5) of said Act, in that about the first week in July 1938, the Alston Coal Company by its pit foreman, Harvey Pierce, at its mine near Pittsburg, Kansas, in the county of Crawford, State of Kansas, in the presence of W. B. Armstrong, Fred Junkins, and John Denny, all of whom are and were at all the times herein mentioned its employees, did threaten them and all the employees of said Company with the statement that they would have to sign up and join the United Mine Workers of America or lose their jobs with said company. On or about the 13th of July the Alston Coal Company, at its said mine, by and through Harvey Pierce, its pit foreman, did threaten to discharge Sam Balch, who was then one of its employees, because of his activities in promoting the Progressive Mine Workers of America, the complainant herein which is a labor organization representing a majority of the employees of said Company. On or about the 14th day of July 1938, the Alston Coal Company on the property of its said mine, by its general superintendent, L. J. Carder, did advise and counsel L. A. Sipes, one of its employees, and others of its employees present, against supporting in any way the International Union Progressive Mine Workers of America. On or about the 19th day of July 1938, said Alston Coal Company permitted a group of about thirty members of the United Mine Workers' Union to come upon its property during working time and there, in the presence of its foreman, threaten, intimidate, and solicit its employees to resign from membership in the International Union Progressive Mine Workers of America and join the United Mine Workers, and said Company did, by its foreman, Harvey Pierce, order one of its machines stopped in order that said group of United Mine Workers could intimidate, threaten and coerce its employees on the company time and property, and did thereby aid and assist in such actions. On or about the second day of August 1938, said Company did, by its general superintendent, L. J. Carder, and its foreman, Harvey Pierce, and Hayden Tuke, in the County of Crawford, State of Kansas, at the homes of L. A. Sipes. Willard Enke, George Armstorng, John Westray, and George Houghton, all of whom are and were at the times herein mentioned employees of said Company, threaten to remove said employees from their employment, lay them off and discontinue their employment with the Alston Coal Company unless they join the United Mine Workers of America, and on or about the third day of August 1938, at its mine near Pittsburg, Kansas, by its foreman Harvey Pierce and Hayden Tuke, did discharge said employees because of their membership in the Progressive Mine Workers of America and their activities in behalf of it, and the Alston Coal Company did thereby interfere with, restrain, and coerce said employees in the exercise of their rights guaranteed in Section 7 of the National Labor Relations Act and did assist, maintain, and support the labor Organization known as the United Mine Workers of America and did by discrimination in regard to hire and tenure of employment, encourage membership in the United Mine Workers of America and discourage membership in the International Union Progressive Mine Workers of America. On or about the 7th day of July 1938, the Alston Coal Company by its president, Joseph F. Klaner at Pittsburg, Kansas, did refuse to recognize and bargain collectively with the International Union Progressive Mine Workers of America and its representatives, although a majority of its employees were members of that organization and had selected the International Union Progressive Mine Workers of America as their representative for collective-bargaining purposes. Said Company, by various other ways and means, by and through its officers, general superintendent, foreman, and representatives, at its mine near Pittsburg, Kansas, and at other places in the County of Crawford, State of Kansas, did and ever since about the first day of June 1938, has interfered with, restrained, and coerced its employees in the exercise of the right to select representatives of their own choosing for the purpose of collective bargaining and in the right of selforganization, and the exercise of all the rights guaranteed its employees by the provisions of Section 7 of the National Labor Relations Act and has ever since said time maintained, assisted, and contributed support to a Labor Organization known as the United Mine Workers of America in its efforts to obtain members for that organization among its employees, and has encouraged membership in it and discouraged membership in the International Union Progressive Mine Workers of America. Said Company selected the five of its employees last named for discharge from the most active members of the Internationl Union Progressive Mine Workers of America, L. A. Sipes being the president of this local union, and Willard Enke, the recording secretary, in order to make an example of them to the rest of its employees, a majority of whom were then and are now members of the International Union Progressive Mine Workers of America, which the Company well knows, and did thereby threaten and intimidate those of its employees who were not discharged. Ever since early in June 1938, the said Company has surreptitiously caused its employees to be threatened with discharge unless they give up their membership in International Union Progressive Mine Workers of America and has since August 1, 1938, by duress and coercion, caused a majority of them to sign declarations of affiliation and check-off authorization for the United Mine Workers of America, which declarations it pretends are voluntary when, in fact, they are involuntary and invalid, and said Company is thereby preventing its employees from exercising their rights under Section 7 of the National Labor Relations Act. The undersigned further charges that said unfair labor practices are unfair labor practices affecting commerce within the meaning of said Act. INTERNATIONAL UNION PROGRESSIVE MINE WORKERS OF AMERICA, Alston mine case of near Pittsburg, Kansas, involving employees rights filed with Board some time ago. Situation there very critical and action of Labor Board will solve entire problem. Please take action regards the Alston Coal Company case at earliest possible date. Can you advise when Board may act. Very important action be taken earliest date possible. INTERNATIONAL UNION, PROGRESSIVE MINE WORKERS OF AMERICA, President, International Union Progressive Mine Workers of America, Chgo.-Monadnock Block. Retel Alston Mine case No. XVII-R-84. The Board is now studying problems involved and hopes to take some action within near future. Re: Alston Coal Company Case No. XVII-C-395. DEAR SIR: This is to advise you that your request for a review of the Regional Director's refusal to issue a complaint in the above case has been carefully considered by the Board. The Regional Director's decision in the matter has been sustained. 117 South Fifth Street, Springfield, Illinois. DEAR MR. OZANIC: Enclosed are copies of the Board Order Dismissing the Petition in each of the following cases: Apex Coal Company, XVII-R-126. Clemens Coal Company, XVII-R-127, XVII-R-128. Commercial Fuel Company, XVII-R-129. Eagle-Cherokee Coal Company, XVII-R-130. Menghini Coal Company, XVII-R-131. Pioneer Coal Company, XVII-R–132. Western Coal Mining Company, XVII-R-133. Pittsburg and Midway Coal Mining Company, XVII-R-138. Western Coal Mining Company, XVII-R-139. Lone Star Coal Company, XVII-R-142. Alston Coal Company, XVII-R-140. Pittsburg and Midway Coal Mining Company, XVII-R-143. Sincerely, Enclos. W. (Signed) HUGH E. SPERRY, Acting Regional Director. UNITED STATES OF AMERICA-BEFORE THE NATIONAL LABOR RELATIONS BOARD At a regular meeting of the National Labor Relations Board, held at its office in the City of Washington, D. C., on the 21st day of June 1939. Present: J. Warren Madden, Chairman, Edwin S. Smith. CASE NO. XVII-R-126 In the Matter of Apex Coal Company and Progressive Mine Workers of America, District No. 3, affiliated with the American Federation of Labor. ORDER DISMISSING PETITION A petition for investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act having been duly filed with the Regional Director of the National Labor Relations Board for the Seventeenth Region by the Progressive Mine Workers of America, District No. 3, affiliated with the American Federation of Labor on May 3, 1939, and a preliminary investigation having been made in this matter by the Regional Director, and a report having thereafter been made to the Board, and the Board having duly considered the matter. IT IS HEREBY ORDERED that said petition be and hereby is dismissed. UNITED STATES OF AMERICA, BEFORE THE NATIONAL LABOR RELATIONS BOARD At a regular meeting of the National Labor Relations Board, held at its office in the City of Washington, D. C., on the 21st day of June 1939. Present: J. Warren Madden, Chairman; Edwin S. Smith. Case No. XVII-R-127 In the Matter of Clemens Coal Company (Mine No. 22) and Progressive Mine Workers of America. District No. 3, affiliated with the American Federation of Labor. ORDER DISMISSING PETITION A petition for investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act having been duly filed with the Regional Director of the National Labor Relations Board for the Sixth Region by the Progressive Mine Workers of America, District No. 3, affiliated with the American Federation of Labor, on May 3, 1939, and a preliminary investigation having been made in this matter by the Regional Director, and a report having thereafter been made to the Board, and the Board having duly considered the matter. IT IS HEREBY ORDERED that said petition be and hereby is dismissed. By direction of the Board: [SEAL] NATHAN WITT, Secretary. UNITED STATES OF AMERICA, BEFORE THE NATIONAL LABOR RELATIONS BOARD At a regular meeting of the National Labor Relations Board, held at its office in the City of Washington, D. C., on the 21st day of June 1939. Present: J. Warren Madden, Chairman; Edwin S. Smith. Case No. XVII-R-128 In the Matter of Clemens Coal Company (Mine No. 23) and Progressive Mine Workers of America, District No. 3, affiliated with the American Federation of Labor. ORDER DISMISSING PETITION A petition for investigation and certification of representatives pursuant to Section 9 (e) of the National Labor Relations Act having been duly filed with the Regional Director of the National Labor Relations Board for the Seventeenth Region by the Progressive Mine Workers of America, District No. 3, affiliated with the American Federation of Labor on May 3, 1939, and a preliminary investigation having been made in this matter by the Regional Director, and a report having thereafter been made to the Board, and the Board having duly considered the matter, IT IS HEREBY ORDERED that said petition be and hereby is dismissed. NATHAN WITT, Secretary. UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD At a regular meeting of the National Labor Relations Board held at its office in the City of Washington, D. C., on the 21st day of June 1939. Present: J. Warren Maiden, Chairman, Edwin S. Smith, |