Columbus Coal & Mining Co.

National Labor Relations Board - Board DecisionsFeb 28, 1946

66 N.L.R.B. 154 (N.L.R.B. 1946)

In the Matter Of COLUMBUS COAL & MINING COMPANY and UNITED MINE WORKERS OF AMERICA Case No. 8-R-1936.-Decided February 08, 1946 Messrs. Pomerene & Burns, by Miss Margaretta Beynon, of Co- shocton, Ohio, for the Company. Mr. Ira Nelson, of New Philadelphia, Ohio, for the Union. Mr. Benjamin E. Cook, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by United Mine Workers of America, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Columbus Coal & Mining Company, Coshocton, Ohio, herein called the Com- pany, the National Labor Relations Board provided for an appro- priate hearing upon due notice before Louis S. Belkin, Trial Examiner. The hearing was held at Coshocton, Ohio, on October 19, 1945. The Company and the Union appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby 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 1. THE BUSINESS OF THE COMPANY Columbus Coal & Mining Company, an Ohio corporation, is en- gaged in mining coal. During the past several years, the Company has operated under a contract with the Barnes Mining Company, an Ohio corporation, herein called Barnes, which furnished the land and all mining equipment ; the Company employs all labor for the 66 N. L . R. B., No. 10. 154 COLUMBUS COAL & MINING COMPANY I55 production of coal.' During the past 12 months, the Company produced approximately 80,000 tons of coal, all of which was de- livered to Barnes at the mine, Coshocton, Ohio. Approximately 50 percent of the coal was sold and shipped by Barnes either outside the State or to companies engaged in interstate commerce. During the first 6 months of 1945, Barnes sold 2,340 tons to the Canadian Pacific Railroad Company, Windsor, Ontario, 7,920 tons to Ohio Edison Company, Cuyahoga Falls, Ohio, and 19,218 tons to Owens- Corning Fiberglass Corporation, Newark,3 Ohio. Between 10 per- cent and 20 percent of Barnes' annual purchases is shipped to it from points outside the State. We find, contrary to the contention of the Company, that it is engaged in commerce within the meaning of the National Labor Relations Act.4 II. THE ORGANIZATION INVOLVED United Mine Workers of America is a labor organization admit- ting to membership employees of the Company. III. TIIE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of certain of its employees until the Union has been certified by the Board in an appropriate unit. A statement of a Board agent, introduced into evidence at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found appropriate.5 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 Barnes functions principally as a sales agency, its personnel consisting of officers and clerical workers . The two corporations occupy the same office and all records for both of the corporations are maintained by Barnes Although serving in different capacities in each corporation , F N. Barnes , N lit Barnes , and M E Barnes constitute the respective officers of both corporations ; F N. Barnes has charge of labor relations for both companies It is clear that Barnes and the Company operate as a single , integrated enterprise. 2 The Board asserted jurisdiction over this company in Case No 8-R-709. aThe Board asserted jurisdiction over this company in Case No 8-R-1433 (57 N. L. R B. 345) 4 See Matter of American Food Products Corporation and Muskegon Dock and Fuel Co, 55 N L. R B 654 ; Santa Cruz Fruit Packing Co v National Labor Relations Board, 303 U S. 453; N. L R. B v Crowe Coal Company, 104 F ( 2d) 633, 636 (C. C A. 8). 6 The Field Examiner reported that the Union submitted 28 cards , bearing the names of 23 employees , listed on the Company's pay roll of July 26, 1945. There are approximately 52 employees in the appropriate unit. 156 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IV. THE APPROPRIATE UNIT We find, in substantial accord with the stipulation of the parties, that all employees of the Company working in and around the mine at Coshocton, Ohio, excluding office workers, monthly men, mine foremen, bosses, and all or any other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 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 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. 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, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Columbus Coal & Mining Company, Coshocton, Ohio, 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 super- vision of the Regional Director for the Eighth 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 Regu- lations, among 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 in person at the polls, but excluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated COLUMBUS COAL & MINING COMPANY 1 57 prior to the date of the election, to determine whether or not they desire to be represented by United Mine Workers of America for the purposes of collective bargaining. MR. GER ARD D. REU.LY took no part in the consideration of the above Decision and Direction of Election.