United States Coal & Coke Co.

National Labor Relations Board - Board Decisions

Apr 22, 1942

40 N.L.R.B. 786 (N.L.R.B. 1942)

In the Matter of UNITED STATES COAL & CODE COMPANY, (FLUOR-
SPAR DIVISION) SUBSIDIARY OF UNITED STATES STEEL CORPORATION,
and UNITED MINE WORiKERS OF AMERICA, DISTRICT 50, LOCAL
12340, C. I. O.
Case No..R-3715.Decided April 22, 1942
Jurisdiction : fluorspar mining industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to accord petitioner recognition until certified by the Board; election
necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
"employees, truck drivers, and shift leaders of the Fluorspar Division of the
Company, at its mine and plant at Mexico, Kentucky, excluding supervisory
employees having the authority to hire or discharge and office employees;
agreement as to.
Gordon, Gordon & Moore, by Mr. Neville Moore, of Madisonville,
Ky., for the Company.
Mr. David Hunter, of Marion, Ky., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On January 16, 1942, United Mine Workers of America, District
'50, Local 12340, affiliated with the Congress of Industrial Organiza-
tions, herein called the Union, filed with the Regional Director for
the Eleventh Region (Indianapolis, Indiana) a petition, and on
March 25, 1942, an amended petition, alleging that a question affect-
ing commerce had arisen concerning the 'representation of employees
of United States Coal & Coke Company (Fluorspar Division), sub-
sidiary of United States Steel Corporation, Mexico, Kentucky, herein
called the Company, and requesting an investigation and certifica-
tion of representatives pursuant to Section 9 (c) of the National
'Labor Relations Act, 49 Stat. 449, herein called the Act. • On March
31, 1942, the National Labor Relations Board, herein called the
40 N. L. R. B., No. 134.
786
UNITED STATES COAL & CO'KEi COMPANY 787
Board, acting pursuant to Section 9 (c) of the Act and Article :III,
Section 3, of -National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, ordered an investigation and authorized
the Regional Director to conduct it and to provide for an appropriate
hearing upon due notice. .
On April 2, 1942, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the' Union.
Pursuant to notice, a hearing was held on April 8, 1942, at Marion,
Kentucky, before Robert D. Malarney, the Trial Examiner duly
designated by the Chief Trial Examiner. The Company and the
union were represented and participated in the hearing. Full
opportunity to be heard, to examine and cross-examine witnesses, and
to introduce evidence bearing on the issues was afforded all parties.
During the course of the hearing the Trial Examiner made several
rulings on motions and on objections to the admission of evidence.
The Board has reviewed the rulings, of the. Trial Examiner and finds
that no prejudicial errors were committed. The rulings,are hereby
affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
United States Coal & Coke Company (Fluorspar Division), is
a West Virginia corporation with its principal offices at. Pittsburgh,
'Pennsylvania. At its mine and plant at Mexico, Kentucky, with
which we are here concerned, the Company is engaged in the business
of mining and selling fluorspar. During 1941 the Company shipped
about 24,000 tons of fluorspar from its Mexico, Kentucky, operations,
all of which was shipped to points outside Kentucky. During the
same period it purchased automotive parts for use at its Mexico,
Kentucky, plant valued at about $4,000, all of which was shipped to it
from points outside Kentucky. The Company is a wholly owned
subsidiary of United States Steel Corporation.
I
II. THE ORGANIZATION INVOLVED
United Mine Workers of America, District 50, Local 12340, is a
labor organization affiliated with the Congress of Industrial Or-
ganizations, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive
representative of the Company's employees at its Fluorspar Division
until, such time as the Union is,certified,by the Board., A statement
788 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of the Trial Examiner, introduced into evidence during the hearing,
shows that the Union represents a substantial number of employees
in the unit hereinafter found to be appropriate.'
We find that a question has arisen concerning the representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION
UPON COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has 'a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Union and the Company agree, and we find, that all pro-
duction and maintenance employees, truck drivers, and shift leaders
of the Fluorspar Division of the Company, at its.mine and plant at
Mexico, Kentucky, excluding supervisory employees having the au-
thority to hire or discharge and office employees, constitute a unit
appropriate for the purposes of collective bargaining. We further
find that such unit will insure to employees of the Company the full
benefit of their right toself-organization and to collective bargaining
and otherwise will effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by means of an election by secret ballot.
We shall direct that the employees eligible to vote in the election
shall be those within 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.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of the Fluorspar Division of United States
' The Trial Examiner reported that the Union presented 186 membership application
cards bearing the signatures of persons whose names appear on the January 1 5, 1942,
- pay roll of the Company . There are approximately 240 persons listed on that pay roll
UNITED STATES COKE & COAL COMPANY 789
Coal & Coke Company, Mexico, Kentucky, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.
2. All production and maintenance employees, truck drivers, and
shift leaders of the Fluorspar Division of the Company, at its mine
and plant at Mexico, Kentucky, excluding supervisory employees
having the authority to hire or discharge and office employees, con-
stitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the Act.
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 8, of National Labor Rela-
tions 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 purposes of collective bargaining
with United States Coal `& -Coke Company (Fluorspar Division),
Mexico, 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
9, of said Rules and Regulations, among all production and mainte-
nance employees, truck drivers, and shift leaders of the Fluorspar
Division of the Company at its mine and plant in Mexico, Kentucky,
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 tem
porarily laid off, but excluding supervisory employees having tht:
authority to hire or discharge, office employees, and employees whc,
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, Local 12340, affiliated with the Congress of
Industrial Organizations, for the purposes of collective bargaining.