Sunshine Mining Co.

In the Matter of SUNSHINE MINING COMPANY , MANGANESE DIVIsioN and LOCAL 627, INTERNA'lIONAI: UNION OF MINE , MILL & SMELTER WORKERS, C.-I. O. ,Case 11'o. R-4,90 .-Decided March 19, 1943 Jurisdiction : mining industry Investigation and Certification of Representatives : existence of question: re- fusal to recognize petitioner because of contract with rival organization; con- tract although renewed prior to petitioner's claim to representation, held no bar, when record indicated that contracting union had ceased to function as a, representative of the employees involved; contracting union accorded place on ballot; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees, excluding supervisory, clerical, and technical employees. Mr. Rowland King, of Port Angeles, Wash., for the Company. Messrs. Ernest C. Pederson and Harry I. Tuclaer, of Seattle, Wash., fog, the C. 1. 0. 'Mr. Williams S. Hibberd, of Seattle, Wash., for the A. F. L. Mr: Wallace F. Royster, of counsel to the Board., DECISION' ' 1ND DIRECTION OF ELECTION STATEMENT OF THE CASE . Upon an amended petition duly filed by Local 627, International Union of 'Miiie, Mill & Smelter Workers, affiliated with the C. I. O., herein called the C. I. O:, alleging that a question affecting commerce lead arisen concerning the representation of employees of Sunshine Mining Company, Manganese Division, Port Angeles, Washington, herein called the Company, the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before Louis S. Penfield, Trial Examiner. Said hearing was-held at Port Angeles, Washington, on February 10, 1943. The Company,.the C. I. 0., and Local Union No. 893 of International Hod Carriers,, Building, and Common Laborers Union of America, A. F. L., herein called the A. F. L., appeared, participated, and were afforded full opportunity to be heard;' to examine 'and cross-examine witnesses, and to introduce '48 N. L R B., No 42. 301 302 DECISIONS OF INTATIO'NAL L,AiOll RELATIONS BOARD evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. The'Company submitted a brief which the Board has considered. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS, OF THE COMPANY Sunshine Mining Company has its principal offices in Kellogg, Idaho. The Manganese Division of the Company, with which we are here concerned, operates a manganese mine at Lake Crescent near Port' Angeles in the State of Washington. This mine has been in production since the fall of 1941. During the period from January 1942 to Decem- ber 1942, the mine produced 8,337 long tons of manganese ore having an approximate value of $425,000. This ore was-sold at the mine to Metals Reserve Company, a wholly owned subsidiary of the Recon- struction Finance Corporation, and' is now held as a reserve at Port Angeles, Washington. Manganese is a critical war material necessary to the manufacture of steel. Its production and use is controll`ed by the Federal Government and reserves, such as that at Port Angeles; are held so as to prevent an interruption in the manufacture of steel should foreign supplies be cut off. When Metals Reserve Company decides it to,-be expedient the ore will be shipped from Port Angeles to points outside Washington. The Company does not contest the jurisdiction of the Board. H. THE ORGANIZATIONS INVOLVED Local 627, International Union of Mine, Mill & Smelter Workers, affiliated with the Congress of Industrial Organizations, is a labor organization admitting to membership employees of the Company. ' Local Union No. 893 of International Hod Carriers, Building, and Common Laborers Union of America,' affiliated witli the `American Federation of Labor, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On September 24, 1941, the,Company and the A. F. L. entered into a collective bargaining contract to run for a period of 1 year, and thereafter from year to year unless notice of termination or modifica- tion is given by either party 30 days prior to any anniversary date: The contract established the A. F.L. as the exclusive bargaining agent for the employees of the Company at the Lake Crescent Mine. prior to the anniversary date of said contract On September 11, 1942. but subsequent to the date when notice of termination or modification SUNSHINE ,MINING COMPANY 303 must be given, the C. I. 0. advised the Company that it represented a majority of the employees of the Company at the Lake Crescent Mine and requested recognition as the bargaining representative. The Company refused such recognition and set up the A. F. L. contract as a bar to a present determination of representatives. It was testified at the hearing that only three employees who were members,of,the•A. F. L. are now employed at the mine and that they are,no longer members. A great majority of the employees have never held membership in the A. F. L. Tlie A. F. L. concedes that it has no membership at the Lake Crescent Mine and has collected no, dues from employees there during the past year. It further concedes that no grievance committee has been in existence for a similar period and that from the date of the contract, the A. F. L. has presented no .grievance to the Company in behalf of the employees. No meeting of the employees was held prior to the renewal date to consider possible action in relation to the contract although it was testified that an A. F. L. representative questioned several individual employees in respect to it and was told that no change was desired. The., Board .is ordinarily reluctant to direct an investigation of -represo-nta?ivies in the face of an existing contract which has several months to run. Under the above circumstances, however, we find that the contract is not a bar 1 to a determination of representatives. - A statement of the Field Examiner introduced into evidence indi- cates that the C. I. 0. 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 at the Lake Crescent Mine within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. IV. THE APPROPRIATE UNIT The C. I. 0: and the A. F. L. agree, and we find, that the production and maintenance employees of the Company at the Lake Crescent Mine,3 excluding supervisory, clerical, and technical employees, con- stitute, a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. The Company has i See Matter of California Central Fibre Co?poration and Truck Drivers, Warehousemen h Helpers Union, Local 898, A. F L, 44 N L R B 1226 2 The"Field Examiner, stated - that the C. I O. submitted 33 authorization cards, all bear- ing apparently genuine, original signatures and dated variously from September to Decem- tier 1942. Twenty-eight" cards bore the names of persons whose' names appear on the Company's pay roll of, December 6, 1942, which lists the names of 36 employees in the appropriate unit The A F. L` relies upon its contract to establish its interest 3 These include cagers , timber framers , miners , muckers, blacksmiths , hoistmen, bullcook, cook helper, cooks, and flunkeys 304 D 11 ECISIONS OF NATIONAL' LABOR RELATIONS BOARD made no objection to the unit, which is the same as that covered. by the' A. F. L. contract. V. TIIE DETERMINATION OF REPRESENTATIVES We shall d irect'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, subject to the limitations and additions set forth i n the Dii-ection.4 . 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 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 Sunshine Mining Company, Manganese Division, Port Angeles, 'Vashington. 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, Iunder:the direction and, supervision of the Regional Director for the Nineteenth Region, actingin this matter as agent'fof the National Labor Relations Board, and subject to Article III, Section 10, of said Rules and Regula- tions, among the employees of the Company in the-Knit found appro; priate 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 said pay-uoll period because.they were ill or on vacation or temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the' polls, but excluding any who' have since quit or been discharged for cause, to determine whether they desire to be represented by Local 627, International Union of Mine, Mill & Smelter Workers, C. I. O.; or by Local Union No. 893 of International Hod Carriers, Building, and Common Laborers Union of America; A. F. L., for the purposes of collective bargaining, or by neither. MR. JOHN M. HousToN took no part in the consideration of the above. Decision and Direction of Election. .,The C I. 0 urged at the hearing that the A F L be denied a place on the' ballot on the ground that it had failed to establish any' interest in the question of representation of the employees In view of the contractual relationship which has existed'betneen the Company and the A F L., we shall permit the A. F L to appear on the ballot.