Southwest Metals

In the Matter of F. G. LIEBHARDT , DOING BUSINESS AS SOUTHWEST METALS, EMPLOYERS and DISTRICT 50, UNITED MINE WORKERS OF AMERICA, PETITIONER Case No. 17-R-1474.-Decided January 14, 1947 Mr. Carl J. Sig frid, of Denver, Colo., for th@ Employer. Messrs. Fred K. Hefferly and Frank N. Price, both of Denver, Colo., for the Petitioner. Miss Irene R. Sh,riber, of counsel to the Board. DECISION AND ORDER Upon a petition duly filed, hearing in this case was held at Ouray, Colorado, on August 20, 1946, before Howard W. Klceb, hearing officer. The hearing , officer 's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE EMPLOYER F. C. Liebhardt , doing business as Southwest Metals, operates near Ouray, Colorado , a mine known as Michael Breen, which produces lead, zinc, silver, and gold. From early 1945 to May 1946, the Em- ployer mined approximately 2,800 tons of ore which it sold for about $2.40 per ton. Of this total, the Employer sold and shipped 2,550 tons to General Ore Reduction Company, Ouray, Colorado, which milled the ore and shipped the concentrates therefrom to the U. S. Smelting and Refining Company, Midvale , Utah; 50 ` tons to International Smelting Company, Midvale, Utah; and the remaining 200 tons to a purchaser within the State of Colorado. The Employer employs approximately 5 employees. While we do not agree with the Employer that its operations are unrelated to commerce , we do not believe that it will effectuate the policies of the Act to assume jurisdiction in this case. Accordingly, we shall dismiss the petition herein. 72 N. L R. B., No. 11. 54 SOUTHWEST METALS ORDER 55 The National Labor Relations Board hereby orders that the petition for investigation and certification of representatives of employees of F. C. Liebhardt, doing business as Southwest Metals, Ouray, Colorado, filed by District 50, United Mine Workers of America, be, and it hereby is, dismissed.