Dillonvale Cooperative Mining Co.

National Labor Relations Board - Board DecisionsJul 14, 1942

42 N.L.R.B. 432 (N.L.R.B. 1942)

In the Matter of DILLONVALE COOPERATIVE MINING COMPANY and UNITED MINE WORKERS OF AMERICA, DIVISION No 3, DIsTRtcT No. 6 (CIO) Case No R-3.949 Decided July 14, 1942 Jurisdiction : coal mining industry Investigation and Certification of Representatives : existence of question re- fusal to accord petitioner recognition , election necessary Unit Appropriate for Collective Bargaining * all production and maintenance workers, excluding mine foremen, assistant mine foremen, fire bosses, bosses in charge of any class of labor inside or outside the mine, watchmen, coal in- spector, weigh boss, and members of the executive force, supervisory force, sales forces, clerical force, and technical force, agieement as to Mr. George H O'Brien, for the Board. Mr P. R. Nicholson and Mr. T W. Kzdd, of Dillonvale, Ohio, for the Company. Mr Adolph Pacifico, of Bellaire, Ohio, for the Union Mr. Robert E. Tillman, of counsel to the Board DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Mine Woikers of America, Di- vision No 3, District No 6, (CIO), herein called the Union, alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Dillonvale Cooperative Mining Company, Dillonvale, Ohio, herein called the Company, the National Labor Re- lations Board provided for an appropriate hearing upon due notice, before,Charles E. Persons, Trial Examiner Said hearing was held at Dillonvale, Ohio, on June 18, 1942. The Company and the Union appeared, participated, and 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 hear- ing are free from prejudicial error and are hereby affirmed Upon the entire record in the case, the Board makes the following 42NLRB,No94 432 DILLONVALE COOPERATIVE MINING COMPANY FINDINGS OF FACT I THE BUSINESS OF THE COMPANY 433 Dillonvale Cooperative Mining Company, an Ohio col poration main- taining its office in Dillonvale, Ohio, is engaged in the business of mining,-and selling coal from a mine operated by it in Ohio. The Company, although empowered to operate upon a cooperative basis, has never so operated During the year 1941, the Company mined and sold approximately 101,189 tons of coal, of which approximately 10 percent was consigned to consumers located outside the State of Ohio, and approximately 25 percent was consigned to two interstate railroads for consumption as railroad fuel. 11 THE ORGANIZATION INVOLVED United Mine Workers of Ameilca, Division No 3, District No 6 (CIO), is,a laboi organization admitting to membership employees of the Company III THE QUESTION CONCLR\ING REPRESENTATION During the month of Februaiy 1942, the Union on several occasions informed the Company that it claimed to represent a majority of the Company's employees, and requested the Company to negotiate a col- lective bargaining contract with it The Company refused to negoti- ate, largely on the ground that since its existence it had been operating at a loss and therefore could not afford to pay union wages A statement of a Field Examiner introduced in evidence at the hearing indicates that the Union represents a substantial number of employees in the unit hereinafter found appropriate 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 (6) and (7) of the National Labor Relations Act IV THE AI'1'IROPIRI'ATE UNIT We find, in accordance with a stipulation of the parties, that all production and maintenance workers, excluding mine foremen, assist- ant mine foremen, the bosses, bosses in charge of any class of labor inside oi outside the mine, watchmen, coal inspector, weigh boss, and members of the executive force, supervisory force, sales forces, ' The Field Examinei stated that the Union had submitted 83 authori 'ation cards to him, all bearing apparently genuine original signatures , that 72 of the cards were dated in January 1942 , while 11 were undated, and that 56 of the cards bore signatures which were the names of persons whose names appeared on the Company's pay roll for Much 15, 1942, vi h,ch listed the names of 114 employees in the unit hereinafter found appropriate 472814-42-i 01 42--28 434 DECISIONS OF NATIONAL LABOR RELATIONS BOARD clerical force, and technical force, 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 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 our Direction of Election, subject to the limitations and additions set forth therein 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 Relations Act, 49 Stat 449, and pursuant to Article III, Section 8, 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 Dillonvale Cooper- ative Mining Company, Dillonvale, 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 of Election, under the direction and supervision of the Regional Director for the Eighth Region, acting in this mattei as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among all employees of the Company 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 such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or tempoi arily laid off, but excluding those employees who have since quit or been discharged for cause, to deteimine whether or not they desire to be represented by United Mine Workers of America, Division No 3, District No. 6 (CIO), for the purposes of collective bargaining MR GERARD D. REILLY took no part in the consideration of the above Decision and Direction of Election.