Hillside Fluorspar Mines

In the Matter of HILLSIDE FLUORSPAR MINES ( KEYSTONE MINES) and DISTRICT 50, UNITED MINE WORKERS OF AMERICA Case No. R-4361.-Decided October 31, 1942 Jurisdiction : fluorspar mining industry. Investigation and Certification of Representatives : existence of question. re- fdsal to accord petitioner recognition; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees at one of the Company's operations, excluding snpehvisory and clerical employees and truck drivers; agreement as to. 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 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),1 Marion, Kentucky, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Robert D. Malarney, Trial Examiner. Said hearing was held at Marion, Kentucky, on October 8, 1942. The Company and the Union ap- peared, 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 hearing are free from prejudicial 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 among its properties the Keystone Mines,2 I The petition was amended at the hearing to correct the name of the Company from "Hillside Fluorspar Co." to "Hillside Fluorspar Mines (Keystone Mines)." 2 The Keystone Mines employees , numbering approximately 90 persons , are the only em- ployees involved herein 45 N. L. It. B, No. 44 0 295 296 DECISIONS OF NATIONAL LABOR RELATIONS, BOARD at Marion, Kentucky. At this operation the Company is engaged ih the mining of fluorspar, and during the last year has produced not less than 10,000 tons of fluorspar, all of ' which has moved in interstate commerce. The Company concedes, and we find, that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED District 50, United Mine Workers of America, is a labor organiza- tion admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On July 25, 1942, the Union by letter requested recognition as the bargaining agent of the Company's employees. The Company re- fused the request. 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.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 agree, and we find, that all production and maintenance employees at the Keystone Mines, excluding supervisory and clerical employees and truck drivers,4 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- 3 The Regional Director reported that the Union submitted 32 applications for member- ship cards, dated from October 1941 to September 1942, with 1 undated ; that all the cards appeared to bear genuine original. signatuies ; and that all the signatures are the names of persons on the Company's pay roll of August 15, 1942, which lists 90 persons in the unit of production and maintenance employees _ The Company objected to the admission'of the Regional Director's statement, apparently on the ground that the statement did not shoed that the Union had submited cards for at least 51 percent of the Company's employees in the alleged appropriate unit, whereas the Union had alleged in its petition that it represented over 51 percent of the Company's employees. The objection is without merit See Matter of Atlas Powder Company, Zapon Division, and Local 12083, National Council of Gas, Coke & Chemical Workers, 43 N. L. R. B 757 s There are approximately 90 production and maintenance employees at the Keystone Mines. An employee of the Company, called as a witness for the Board, testified that of this number there are only 1 clerical and 2 supervisory employees and no truck drivers. HILLSIDE FLUORSPAR MINES (KEYSTONE MINES) 297 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. I 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 Rela- tions Act, and pursuant to Article III, Section 9, of National 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 Hillside Fluorspar 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 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, in- cluding 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.