Mahoning Mining Co.

i In the Matter Of MAHONING MINING COMPANY and UNITED MINE WORKERS OF AMERICA, GAS, COKE AND CHEMICAL WORKERS, DISTRICT No. 50, C. I. O. Case No. R-3815.-Decided May 29, 1942 Jurisdiction : lead, zinc, and fluorspar mining industry. Invest,gation and Certification of Representatives : existence of question: re- fusal of Company to accord union recognition until certified by the Board; election necessary. Unit Appropriate for Collective Bargaining : all employees at three mines operated by the Company, excluding clerical and supervisory employees, guards, safety men, and the engineer ; stipulation as to. Mr. Robert K. Heineman , of East St. Louis, Ill., for the. Company. Mr. Robert H. Allison, of Pekin, Ill., and Mr. M. J. Hanagan, of Benton, Ill., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION I STATEMENT OF THE CASE Upon petition duly filed by United Mine Workers of America, Gas, Coke and Chemical Workers, District No. 50, herein called the Union, alleging that a question affecting commerce had arisen con- cerning the representation of employees of Mahoning Mining Com- pany, Cave-In-Rock, Illinois, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Charles K. Hackler, Trial Examiner. Said hearing was held at Elizabethtown, Illinois, on May 8, 1942. The Company and the Union appeared, participated, and were afforded full oppor- tunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rul- ings made at the hearing are free from prejudicial error and are hereby affirmed. 41 N L R B, No. 99 497 463892-42-vol 41-32 498 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, tfie Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Mahoning Mining Company is a Delaware corporation with its principal office at Youngstown, Ohio. The Company is a subsidiary of Youngstown Sheet & Tube Company. We are here concerned with the Company's -mines in and near Cave-In-Rock, Illinois, where it is engaged in the mining of lead, zinc, and fluorspar. During 1941 the Company shipped finished products valued in excess of $400,000, more than 50 percent of which was shipped out of Illinois. II. THE ORGANIZATION INVOLVED United Mine Workers of America, Gas, Coke and Chemical Work- ers, District No. 50, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On March 25, 1942, the Union, claiming to represent a majority of the Company's employees, requested the Company to recognize it as the exclusive representative of its employees. The Company denied this request until such time as the Union is certified by the Board. The parties stipulated at the hearing that the Union rep- resents a substantial number. of employees in the unit hereinafter found to be appropriate. We find that a question 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 National Labor Relations Act. IV. THE APPROPRIATE UNIT We find, in accordance with a stipulation of the parties,) that, all employees at the three mines operated by the Company in and near Cave-In-Rock, Illinois, excluding clerical and supervisory employees, guards, safety men, and the engineer, 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 We find that the question concerning representation which has arisen can best be resolved' by an election by secret ballot. The Company and the Union agreed that the pay roll of April 30, 1942, MAHONING MINING COMPANY 499 should be used to determine eligibility to vote. In accordance with the stipulation of the parties, we shall direct that the employees of the Company eligible to vote in the election shall be those in the appropriate unit who were employed during the pay-roll period ending April 30, 1942, . subject to the limitations and additions set forth in the Direction of Election, herein. 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 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Mahoning Min- ing 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 super- vision 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, Section 9, of said Rules and Regulations, among the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll- period ending April 30, 1942, including any such employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding any who have since quit or been discharged for cause, to determine whether or not they desire to be represented by United Mine Workers of America, Gas, Coke and Chemical Workers, Dis- trict No. 50, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining. In the Matter Of MAHONING MINING COMPANY and UNITED MINE WORKERS OF AMERICA, GAS, COKE, AND CHEMICAL WORKERS, DIS- TRICT No. 50, C. I. O. Case No. R-3815 AMENDMENT TO DIRECTION OF ELECTION June 04, 1942 On May 29, 1942, the National Labor Relations Board issued a Decision and Direction of Election in the above-entitled proceeding.' On June 15, 1942, Mahoning Mining Company and United Mine Workers of America,'Gas, Coke and Chemical Workers, District No. 50, C. I. 0., requested the Board to extend the time in which the elec- tion is to be held. The Board hereby grants the request. IT IS HEREBY ORDERED that the Direction of Election be amended by striking therefrom the words "but not later than thirty (30) days from the date of this Direction," and substituting therefor the words "but not later than sixty (60) days from the date of this Direction." 141 N. L It B 497. 41 N. L R. B., No. 99a. 500