The Youngstown Mines Corp.

In the Matter of THE YOUNGSTOWN MINES CORPORATION, EMPLOYER and UNITED CONSTRUCTION WORKERS, AFFILIATED WITII UNITED MINE WORKERS OF AMERICA, PETITIONER Case No. 9-B-2333.-Decided Januai_y 29, 1947 Mr. Hobert C. Calloway, of Welch, W. Va., for the Petitioner. Mr. A. Sumner Lawrence, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES Upon a petition duly filed, the National Labor Relations Board, on November 8, 1946, conducted a prehearing election among em- ployees of the Employer in the alleged appropriate unit, to determine whether or not they desired to be represented by the Petitioner for the purposes of collective bargaining. At the close of the election a Tally of Ballots was furnished the parties. The Tally shows that there were approximately six eligible voters and that six of the eligible voters cast ballots, all of which were for the Petitioner, with no challenged ballots. Thereafter, hearing in the case was held at Charleston, West Vir- ginia, before William O. Murdock, hearing officer. The hearing offi- cer'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 Youngstown Mines Corporation, a West Virginia corporation and wholly owned subsidiary of Youngstown Sheet & Tube Company, is engaged, among other mining operations, in the mining of coal in the State of West Virginia. It also operates at its Deline, West Vir- ginia, mining camp primarily for the convenience of its mining em- ployees, a general merchandise store, the employees of which are alone concerned in the present proceeding. The Employer normally pro- 72 N.L.R B,No.65. 348 THE YOUNGSTOWN MINES CORPORATION 349 duces from its Nest Virginia coal operations approximately 1,500 to 2,000 tons of coal daily, all of which is shipped to steel plants of the Employer's parent corporation at points outside the State of West Virginia. During the first 6 months of 1946, the Employer purchased for resale at its general merchandise store, goods amounting in value tc approximately $70,000. Included among the goods carried in such store are groceries consisting mostly of national brands. The store, which is the only one of its kind in the mining camp of the Employer, is almost entirely dependent upon the patronage of miners and their families, who constitute 95 percent of its customers and many of whom are included among the store employees involved herein. We find that the Employer's store is part of its integrated business enterprise, and that, in the operation of such store facility, the Em- ployer is engaged in commerce within the meaning of the Act.' II. THE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with United Mine Workers of America, claiming to represent employees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of certain store employees of the Employer until the Petitioner has been certified by the Board in an appropriate unit.2 We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE. APPROPRIATE UNIT We find that all employees of the Employer's store at Dehue, West Virginia, excluding office employees and all or any supervisory em- ployees with authority to hire, promote, discharge, discipline, or other- wise 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. V. THE DETERMINATION OF REPRESENTATIVES The results of the election held prior to the hearing show that the Petitioner received a majority of the votes cast. We shall, therefore, ' See Matter of Consolidation Coal Company, 63 N L R B 169, and cases cited therein The Board has , in previous decisions , found both the Employer and its parent corporation to be engaged in coipineice with respect to operations in other localities See Matter of Odanale Iron Company, et at., 25 N. L R. B. 1332 , Matter of The Youngstown Sheet & Tube Company, 31 N. L R B 338; 35 N. L. R. B. 660 2 The Employer' s mining employees are represented by the United Mine workers of Ameuca, an affiliate of the Petitioner. 350 DECISIONS OF NATIONAL LABOR RELATIONS BOARD certify the Petitioner as the collective bargaining representative of the employees in the appropriate unit. CERTIFICATION OF REPRESENTATIVES IT IS HEREBY CERTIFIED that United Construction Workers, affiliated with United Mine Workers of America, has been designated and selected by a, majority of the employees in the unit found appropriate in Section IV, above, as their representative for the purposes of col- lective bargaining, and that, pursuant to Section 9 (a) of the Act, the said organization is the exclusive bargaining representative of all such employees with respect to rates of pay, wages, hours of employment, and other conditions of employment.