National Fluorspar Co.

National Labor Relations Board - Board Decisions

Oct 30, 1942

45 N.L.R.B. 190 (N.L.R.B. 1942)

In the Matter of NATIONAL FLUORSPAR CODIPANY and UNITED MINE
WORKERS OF AMERICA, DISTRICT 50
Case No. R-.¢360.Decided October 30, 1942
Jurisdiction : fluorspar mining industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition until documentary proof of its claims
was furnished ; election necessary.
Unit Appropriate for Collective Bargaining : production -employees, excluding
supervisory and clerical employees ; agreement as to.
Mr. Maurice K. Gordon and Mr. Abner Johnston, of Madison-
ville, Ky., and Mr. A. C. Moore and Mr. John A. Moore, of Marion,
Ky., for the Company.
Mr. David Hunter of Marion, Ky., for the Union.
Miss Viola James of counsel to the Board.
DECISION
AND
DIRECTION OF- ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Mine Workers of America,
District 50, herein called the Union, alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of the National Fluorspar Company, Marion, Kentucky, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Robert D. Malar-
ney, Trial Examiner. Said hearing was held at Marion, Kentucky,
on October 8, 1942. The Company and the Union appeared, partic-
ipated and were afforded full opportunity to be heard, to examine
and crossexamine witnesses, and to introduce evidence bearing on
the issues., The Company moved to dismiss the petition for lack of
proof by the Union of its representation of the Company's employees.
The Trial Examiner. reserved ruling on the motion for the Board.
For the reason appearing herein, the motion is hereby denied. The
Trial Examiner's rulings made at the hearing are free from prejudi-
cial error and are hereby affirmed.
45 N. L R. B., No. 34.
190
NATIONAL FLUORSPAR COMPANY 191
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
National Fluorspar Company, Marion, Kentucky, is engaged,in The
mining of fluorspar and in the preparation of it for market, both
operations occurring at what is known as the Davenport mine. All
the product moves in interstate commerce. The Company concedes,
and we find, that it is engaged in commerce within 'the meaning of
the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Mine Workers of America, District 50, is a labor organiza-
tion admitting to membership employees of the Company.
M. THE QUESTION CONCERNING REPRESENTATION
On July 25, 1942, the Union requested recognition as the repre-
sentative of the Company's employees at the Davenport mine.' The
Company in its reply refused recognition unless and until it was
furnished documentary proof of the Union's claims of employee-
representation.
The Regional Director's statement, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found to be appropriate.2 The Com-
pany objected to the introduction of the statement, contending that
it is not evidentiary of the Union's claims of representation, and that
the Company should be permitted cross-examination based. on the
statements therein. - We find no merit in this objection.3
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.-
IV. THE APPROPRIATE UNIT
The parties agreed, and we find, that all production employees of
Company at its Davenport mine, excluding supervisory and clerical
' The Company's representative stated that the employees of both the mining and mill
operation work interchangeably.
o
a The Regional Director reported that the Union , in support of its claim of representa-
tion, submitted 19 application cards, dated December 1941 to September 1942 ; that all 19
bore appaiently genuine original signatures ; and that 15 bore the names of persons on
the Company's pay roll of August 15, 1942, which listed 32 persons in the alleged -appro-
priate unit.
3 The Board, as an administrative procedure , requires the showing of substantial rep-
resentation only to satisfy it that there is sufficient showing to justify proceeding with
the investigation of representatives . See Matter of Atlas Powder Company, Zapon Dun-
eeon and Local 1083, IICational Council of Gas, Coke & Chemical Workers, 43 N L. R. B 757.
192 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees , constitute an appropriate unit within the meaning .of Sec-
tion 9 (b) of the Act.4
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 Elec-
tion 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 Relations Act,
and pursuant to Article III, Section 9, of Nation Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for the purpose of collective bargaining
with National Fluorspar Company, 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 Eleventh Region,
acting in this matter as agent for the National Labor Relations Board,
and subject to Article III, Section 10, of said rules and Regulations,
among the 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 any such employees
who did not work during said pay-roll period because they were ill or
on vacation or in the active military service or training of the United
States, or temporarily laid off, but excluding any who have since quit
or been discharged for cause, to determine whether or not they desire
to be represented by United Mine Workers of America, District 50,
for the purposes of collective bargaining. ,
4 There are approximately 32 persons in the unit agreed upon , excluding 2 supervisors.
The Company representative stated that there are no clerical- employees