Hillside Fluorspar Mines

In the Matter of HILLSIDE FLUORSPAR MINES (KEYSTONE MINES) and DISTRICT 50, UNITED MINE WORKERS OF AMERICA Case No. 11-R-742.-Decided March 31, 1945 Pope c0 Ballard, by Mr. B. B. Vedder, of Chicago, Ill., and Mr. H. W. Hurst, of Rosiclare , Ill., for the Company. Mr. Harold C. Stephenson, of Rosiclare , Ill., for the Union. Mr. Louis Cokin, 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), Marion, Kentucky, herein called the Company, the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before Clifford L. Hardy, Trial Examiner. Said hearing was held at Evansville, In- diana, on March 2, 1945. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to ex- amine and cross-examine witnesses, and to introduce evidence bear- ing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Hillside Fluorspar Mines is an Illinois corporation with its prin- cipal offices at Chicago, Illinois. It operates and owns the Keystone Mines near Marion Kentucky, with which we are here concerned, where it is engaged in the mining of fluorspar. During the 12-month 61 N. L R B., No. 25. 225 226 DECISIONS OF NATIONAL LABOR RELATIONS BOARD period preceding the hearing, the Company mined and shipped to points outside the State of Kentucky fluorspar valued in excess of $50,000. During the same period the Company purchased supplies valued in excess of $10,000, over 50 percent of which was shipped to it from points outside the State of Kentucky. We find that the Company is engaged in commerce within the mean- ing 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 the exclusive collec- tive bargaining representative of its employees at the Keystone Mines. The Company takes the position that no election should be directed at this time for the reason that in an election conducted in 1942, and an election conducted in 1943, a majority of its employees had voted against representation by the Union. Over a year has elapsed since the 1943 election. The record discloses that the Union has membership cards bearing the names of a substantial number of employees. All of these cards are dated subsequent to the election of 19431 Since no collective bargaining representative was chosen as a result of the 1942 and 1943 elections and in view of the fact that a substantial number of the Company's employees appear to have indicated, since those elections, a desire for representation by the Union, we believe that the policies of the Act will best be effectuated by conducting an election on the present petition 2 We find that aquestion 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 We find, in agreement with the parties, that all production and main- tenance employees at the Keystone Mines of the Company, excluding clerical employees, master mechanic, shift leaders, superintendent, office manager, foremen, and any other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. ' According to a statement introduced into evidence at the hearing , the Union submitted 21 application cards There are approximately 55 employees in the appropriate unit. ' See Matter of New ' York Central Iron Works , Hagerstown, Maryland, 37 N. L. R. B. 894. HILLSIDE FLUORSPAR MINES V. THE DETERMINATION OF REPRESENTATIVES 227 We shall direct that the question concerning representation which has arisen be resolved by means of an efction by secret ballot among the employees 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 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 National Labor Rela- tions Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes 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 sixty (60) days from the date of this Direction, under the direction and su- pervision 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, Sections 10 and 11, of said Rules and Regula- tions, 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 employees who did not work during said pay-roll 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 and have not been rehired or reinstated prior to the date of the election, to determine whether or not they desire to be represented by District 50, United Mine Workers of America, for the purposes of collective bargaining.