Mason & Son Coal Co.

In the Matter of ROBERT MASON AND ELLWOOD MASON, CO-PARTNERS, D/B/A MASON & SON COAL Co., EMPLOYER and UNITED MINE WORKERS OF AMERICA , DISTRICT No. 6, 013I0 , PETITIONER Case No. 8-R-2297.Decided January 17, 1947 Messrs. Robert Mason and Ellwood Mason, of Coshocton, Ohio, for the Employer. Messrs. N. I. Nelson and John Graham, of New Philadelphia, Ohio, for the Petitioner. Mr. Morton B. Spero, of counsel to the Board. DECISION AND ORDER Upon a petition duly filed, hearing in this case was held at Coshocton, Ohio, on September 17, 1946, before Thomas E. Shroyer, 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 Robert Mason and Ellwood Mason, co-partners , doing business as Mason & Son Coal Co., are engaged in the mining and selling of "do- mestic" coal at their only mine located in Coshocton, Ohio. During the 9-month period ending September 17, 1946, the Employer mined approximately 11,000 tons of coal, all of which was sold for approxi- mately $3.00 a ton directly from its tipple at the entrance of the mine to truckers who are independent contractors. These truckers, in turn, sold the coal to consumers in Cleveland and vicinity for use in private homes, apartment dwellings , breweries, "and the like." 72 N. L. R. B., No. 34 195 196 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Employer neither admits nor denies the jurisdiction of the Board. However, aside from the issue of whether the Employer's operations affect commerce within the meaning of the Act, we are of the opinion that to assert jurisdiction in this case would not effectuate the policies of the Act. Accordingly, we shall dismiss the petition. ORDER As part of the investigation to ascertain representatives for the purposes of collective bargaining, IT IS HEREBY ORDERED that the petition for investigation and certifi- cation of representatives of employees of Robert Mason and Ellwood Mason, co-partners, doing business as Mason & Son Coal Co., Coshoc- ton, Ohio, filed herein by United Mine Workers, District No. 6, Ohio, be, and it hereby is, dismissed.