Hillside Fluorspar Mines

National Labor Relations Board - Board DecisionsSep 6, 1943

52 N.L.R.B. 441 (N.L.R.B. 1943)

In the Matter Of HILLSIDE FLUORSPAR MINES (KEYSTONE MINES) and DISTRICT # 50, UNITED MINE WORKERS OF AMERICA Case No. B-58,31.-Decided September 6, 1943 Mr. John H. Thomson, of Chicago, Ill., and Mr. H. W. Hurst, of Rosiclare, Ill., for the Company. Mr. David Hunter, of Marion, Ky., for the Union. Miss Frances Lopinsky, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon an amended petition duly filed by District #50, United Mine Workers of America, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Hillside Fluorspar Mines (Keystone Mines), Marion, Kentucky, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Harold L. Hudson, Trial Examiner. Said hearing was held at Evansville, Indiana, on August 13, 1943. The company and the Union appeared, participated and were afforded full opportunity to be heard, to examine and cross-examine witnesses, to introduce evidence bearing on the issues, and to file briefs with the Board. The Trial Examiner's rulings made at the hearing are free from prejudi- cial error and are hereby affirmed. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Hillside Fluorspar Mines, an Illinois corporation with its home office in Chicago, owns and operates the Keystone Mines near Marion, Kentucky, where it is engaged in the mining of fluorspar. During the last 12 months it mined and shipped in interstate commerce at least 10,000 tons of fluorspar, exceeding $50,000 in value. During the same period, the Company purchased mining tools exceeding 52 N. L. R. B., No. 68. 441 442 DECISIONS OF NATIONAL LABOR RELATIONS BOARD $10,000 in value over 50 percent of which was shipped to the Company's Keystone Mines from points outside the State of Kentucky. The Company concedes that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED District #50, United Mine Workers of America, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as exclusive bargain- ing representative for its employeess unless and until it is certified by the Board. The Union filed a petition on August 15, 1942, resulting in an election held November 18, 1942. No bargaining representation was then chosen by the Company's employees.' The Company contends that no determination of representation should be made at this time because a year has not passed since the election of November 18, 1942, and the Union lost that election so decisively. We find no merit in this contention. The Union submitted to the Trial Examiner 44 membership and authorization cards for persons whose names appeared on the Company's pay roll of June 20, 1943, which contained names of 68 persons in the unit herein found appropriate' All but one of these cards were dated subsequent to the election of November 18, 1942.3 Inasmuch as no collective bargaining representative of the employees was chosen as a result of the election and as apparently a majority of the Company's employees in the appropriate unit have since indicated a desire for representation by the Union, we believe the policies of the Act will best be effectuated by proceeding with a determination of representatives at this time 4 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. 1 Hillside Fluorspar Mines (Keystone Mines), 45 N. L. R. B. 295; Supplemental Deci- sion and Order R-4361 issued December 8, 1942. Tho Union by card-check showed a strength of 32 members in a unit of 90. It lost the election by a vote of 65 to 7. i The Trial Examiner stated that all of the cards bore apparently genuine original signa- tures The Company objected to receipt of the Trial Examiner's statement in evidence be- cause the signatures on the cards were not compared with true and genuine signatures of the employees We have affirmed the Trial Examiner's action in over-ruling this objection. The card-check is for the purpose only of showing a prima facie interest by the Union suf- ficient to warrant holding an election. It is not proof of the number of employees which the Union represents It need not be exact. See Matter of H. G. Hill Stores, Inc. 39 N. L R. B. 874. 3 The cards were dated : 1 in August (no year), 1 in March 1943, 1 In April 1943, 6 in May 1943, 33 in June 1943, and 2 in July 1943. See Matter of George A. Mesker & Company, 51 N. L. R. B. 528; Matter of Knott & Gerllus, 44 N. L. R. B. 477. HILLSIDE FLUORSPAR MINES IV. THE APPROPRIATE UNIT 443 We find in accordance with the stipulation of the parties that all production and maintenance employees at the Company's Keystone Mines, excluding all clerical employees, foremen and all other super- visory employees with authority to hire, promote, discharge, dis- cipline, or otherwise effect changes in the status of employees or ef- fectively 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 the em- ployees 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 Direc- tion. 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, and pursuant to Article III, Section 9, of National Labor Rela- tions 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 Hillside Fluor- spar Mines (Keystone Mines), Marion, Kentucky, 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 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 Regu- lations among the employees in the unit found appropriate in Sec- tion IV, above, who were employed during the the pay-roll period immediately preceding the date of this Direction, including em- ployees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and including em- ployees in the armed forces of the United States who present them- selves in person at the polls, but excluding those employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by District #50, United Mine Workers of America for the purposes of collective bargaining.