K-M-D Mining Co.

In the Matter of J. T. MARTIN, C. F. DEWEY, AND H. B. KITELINGER, PARTNERS, D/B/A K-M-D MINING COMPANY, EMPLOYER and DIS- TRICT 50, UNITED MINE WORKERS OF AMERICA, AFL, PETITIONER Case No. 14.-R-14127.-Decided September 5, 1946 Pope ct Driemeyer, by Mr. Robert L. Broderick, of East St. Louis, Ill., for the Employer. Mr. John Belcher, of Rosiclare, Ill., for the Petitioner. Mr. Samuel G. Hamilton,lof counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon petition duly filed, hearing in this case was held at Elizabeth- town, Illinois, on July 5, 1946, before Keith W . Blinn, Trial Examiner. The TrialfExaminer's rulings made at the hearing are free from preju- dicial error and are hereby affirmed. Upon the entire record in the ease, the National Labor Relations Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE EMPLOYER J. T. Martin, C. F. Dewey, and H. B. Kitelinger, partners, d/b/a K-M-D Mining Company, are engaged in the mining of fluorspar ore 111 and near Cave-in-Rock, Illinois, on property owned by the Mahoning Company, hereinafter called Mahoning. In earlier Board decisions Mahoning was found to be engaged in commerce within the meaning of the Act.' These mining operations involve development Operations at the East Green Mine and Deardorf Mines of Mahoning, as well as regular mining operations at its West Green and WL No, mines. Since its formation the Employer 2 has operated under ' See Matter of Mahoning Mmmq Company, 41 N L R B 497, 61 N L. R. B 792. It was also stipulated at the hearing in the instant case that Mahoning is engaged in commerce within the meaning of the Act 2 The Employer is a successor to the Cat Mining Company, a partnership originally composed of the three partners of the Employer and two additional partners The Cat itinuig Company was engaged in mining operations on property leased from Mahoning, including the West Gieen Mine, and these operations were regarded by the Board'as a constituent part of the business of Mahoning at the time of a prior proceeding am} theretotoie see Matte, of,Motioning Mining Company, 61 N L R B. 792 70 N. L R B., No 99. 1172 Ii-M-D MIN ING COMPANY 1173 , contracts with Mahoning, pursuant to which the Employer is required to deliver to Mahoning in Illinois all mined fluorspar ore and Mahon-' ing is obligated to pay it for the services performed in mining the ore. During the period from May 4, 1946, the date of the contract, to June 15, 1946, the Employer mined and delivered to Mahoning at Rosiclare, Illinois, all mined fluorspar ore, approximating 3,428 tons, having a market value of between $102,000 and $113,000. The Employer was paid by Mahoning approximately $7,970 for services rendered Mahoning in mining this ore. Almost all of the concen- trates made from this ore were sold and shipped by Mahoning to points outside the State of Illinois. Of the total products sold and shipped by Mahoning in interstate commerce since May 4, 1946, it would seem that a substantial portion was produced from fluorspar ore mined by the Employer.3 We find, contrary to the contention of the Employer, that it is en- gaged in activities affecting commerce within the meaning of the National Labor Relations Act.4 U. THE ORGANIZATION INVOLVED 0 The Petitioner is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Enkployer. III. THE QUESTION, CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer. We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the meaning of Section 9 (e) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The Petitioner requests a unit of all production and maintenance employees of the Employer at its West Green Mine, excluding clerical and supervisory employees. The Employer contends that the unit should include the employees of all the four mines it operates. 'In each of the years 1941 and 1943 , Mahoning sold and shipped products valued in excess of $400,000 , of which more than 50 percent was sold and shipped from the Illinois operations to points outside the State of Illinois See Matter of Mahoning Mining Com- pany, 41 N L R. B 497; 61 N L. R B. 792. 4 See Matter of Trinidad Brick and Tile Company, 67 N. L. R B. 1351; N. L. R. B. v. Phillips Gas <t Oil Company, 141 F. ( 2d) 304 ( C C. A. 3) ; Consolidated Edison Company, of New York, Inc. v. N. L. R. B., 305 U. S. 197 ; Matter of Shore Products Company, 55 N. L R . B 431 ; Matter of Richard Warren, 66 N. L. R. B . 376; Matter of Standard Pattern Works, 59 N. L R B. 1075. 1174 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The employees of 3 of the mines have the same rates of pay. Those of all 4 mines are under the same supervision, have similar hours, and in case of emergency apparently might be interchanged. Up to the date of the hearing, however, no interchange of employees had taken place. In addition, all mines, except the West Green Mine and the East Green Mine, have separate change houses and operate under separate contracts. Moreover, the East Green Mine and Deardorf Mine are development operations only, and at the time of the hearing the operations at the East Green Mine-were expected to be concluded within a week or 2 and those at the Deardorf Mine in approximately 4 months. Although the WL No. 2 Mine is now a mine, operation and is expected within 30 days to employ from 6 to 8 persons, it is located approximately 1 mile from the West Green Mine and was not engaged in regular mining operations at the time of the hearing. The West Green Mine is a mining operation employing approximately 21 persons, and at the time of the hearing was the only mine engaged in regular mining operations. Furthermore, there is no evidence to show that from an operational point of view the West Green Mine is in any way dependent upon the WL No. 2 Mine. Significantly, The Petitioner has limited its organizational efforts to the employees of the West Green Mine. Under all the circumstances, we find that the employees of the West Green Mine constitute a separate appropriate unit. We find that all production and maintenance employees of the Em- ployer, engaged at the West Green Mine, excluding clerical employees, and all supervisory employees with authority to hire, promote, dis- charge, discipline, or otherwise effect changes in the status of em- ployees, or effectively recommend such action, constitute a unit ap- propriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the pur- poses of collective-bargaining with J. T. Martin, C. F. Dewey, and H. B. Kitelinger, partners, d/b/a K-M-D Mining Company, Cave- in-Rock, Illinois, 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 Fourteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of National Labor Relations Board Rules and Regulations-Series 3, as amended, among the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immediatelypreceding the date of this Direction, K-M-D MINING COMPANY 1175 including employees who did not work during said pay-roll period be- cause they were ill or on vacation or temporarily laid off, and includ- ing employees in the armed forces of the United States who present themselves in person at the polls, but excluding those employees who have since quit or been discharged for cause and have not been re- hired 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, AFL, for the purposes of collective bargaining. MR. JAMES J. REYNOLDS, JR., took no part,in the consideration of the above Decision and Direction of Election. '