Albuquerque & Cherrillos Coal Co.

In the Matter of ALBUQUERQUE & CFMPJLI,os COAL COMPANY (No STOCKHOLDERS LIABILITY) and UNITED MINE WORKERS OF AMERICA, DISTRICT #15 Case No. B-1668.-Decided January 18, 1940 Coal Mining Industry Investigation of Representatives: controversy concern- ing representation of employees : stipulated ; company refused to recognize union as exclusive bargaining agent of its employees-Unit Appropriate for Collective Bargaining: all of the production employees of the company engaged in the mining and the preparation of coal for market, exclusive of supervisory and clerical employees, specifically excluding mine bosses, superintendents, assistant superintendents, assistant mine bosses, face bosses, weigh bosses, boss drivers, head carpenters, night watchmen, head electricians, head mechanics, barn bosses, clerks and office employees, and all other employees not classified as production employees ; stipulation as to-Representatives: proof of choice : stipulation, as to-Certification of Representatives: pursuant to stipulation. Mr. Marion A. Prowell, for the Board. Seth cf Montgomery, by Mr. A. K. Montgomery, of Santa Fe, N. Mex., for the Company. Mr. Frank Hafferly, of Denver, Colo., and Mr. Earle Stucker, of Gallup, N. Mex., for the Union. Mr. F. Hamilton Seeley, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On October 5, and December 4, 1939, respectively , United Mine Workers of America, District #15, herein called the Union, filed with the Regional Director for the Twenty-second Region (Denver, Colo- rado ) a petition and an amended petition alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Albuquerque & Cerrillos Coal Company (No Stockholders Liability), Madrid, New Mexico, herein called the Company, and requesting an investigation and certification of representatives pur- suant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On December 9, 1939, the National Labor Relations Board, herein called the Board , acting pursuant to Section 19 N. L. R. B., No. 67. . 624 ALBUQUERQUE & CERRILLOS COAL COMPANY 625 9 (c) of the Act, and Article III, Section 3, of National Labor Rela- tions Board Rules and Regulations-Series 2, ordered an investiga- tion and authorized the Regional Director to conduct it and to pro- vide for an appropriate hearing upon due notice. On December 11, 1939, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. Pursuant to the notice, a hearing was held on December 21, 1939, at Santa Fe, New Mexico, before Berdon M. Bell, the Trial Examiner duly designated by the Board. The Board and the Com- pany were represented by counsel; the Union was represented by its president and its representative. All parties participated in the hearing and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues. No objections to the introduction of evidence and no exceptions to rulings of the Trial Examiner were made at the hearing. During the course of the hearing the Trial Examiner admitted into evidence a stipulation entered into between the Company, the Union, and counsel for the Board. This stipulation provides as follows : STIPULATION It is hereby stipulated between counsel for the Albuquerque and Cerrillos Coal Company (No Stockholders' Liability), the representative of the United Mine Workers of America, District 15, and counsel for the National Labor Relations Board, as follows : 1. The Albuquerque and Cerrillos Coal Company is a New Mexico Corporation, which was incorporated in July, 1906. It is a lessee of lands owned by the Cherokee-Pittsburgh Coal & Mining Company, which in turn is a subsidiary of the Atchison, .Topeka & Santa Fe Railway Company, Chicago, Illinois. These lands are located in and near the town of Madrid, New Mexico, and consist of certain coal producing mines. The business of the company is mining, selling and marketing of anthracite and bituminous coal. Its offices and place of business are located in Madrid, New Mexico. 2. The operations of the company are divided into two parts, the mines and surface departments. There are five mines, Lamb Mine, employing about 112 men, Morgan Jones Mine, employing about 80 men, Mine No. 18, employing about 25 men, Mine No. 33, employing about 15 men and Mine No. 4, employing about 16 men. The surface department includes the breakers, the screeners, the separators, the power house, various shops such as repair shops, supply houses, office buildings, and about 200 626 DECISIONS OF NATIONAL LABOR RELATIONS BOARD small dwelling houses for the employees, all owned or leased by the company. 3. The machinery and the installation at the plant are valued at approximately $150,000. The yearly payroll amounts to between $400,000 and $500,000. The total number of employees at the pres- ent time is about 379, approximately '300 of whom are engaged in the production, preparation and loading of coal, exclusive of clerical and supervisory employees. 4. The total production in tonnage approximates 110,000 tons annually with an approximate value of $350,000. The company ships approximately 65,000 tons of coal annually to points out- side the state of New Mexico. The total receipts from coal shipped or consumed outside the state are approximately $225,- 000 annually. The company ships its coal over the - Atchison, Topeka and Santa Fe Railway. 5. For the purpose of this hearing only and for no other pur= pose whatsoever, it is admitted that the company is engaged in operations which substantially affect interstate commerce. 6. The United Mine Workers of America, District 15, is a labor organization within the meaning of Section 2 (5) of the National Labor Relations Act. 7. All of the production employees of the Albuquerque and Cerrillos Coal Company engaged in the mining and the prepara- tion of coal for market, exclusive of supervisory, and clerical employees, specifically excluding mine bosses, superintendents, assistant superintendents, assistant mine bosses, face bosses, weigh bosses, boss drivers, head carpenters, night watchmen, head elec- tricians, head mechanics, barn bosses, clerks and office employees and all other employees not classified as production employees, constitute an appropriate unit for the purposes of collective bargaining within the meaning of the National Labor Relations Act. 8. On December 1, 1939, and at all times up to and including the present time, the Albuquerque and Cerrillos Coal Company has been and is without knowledge as to whether the United Mine Workers of America, District 15, was and is authorized to rep- resent, for the purposes of collective bargaining, a majority of the employees of the company in the above described appropriate unit, but said Albuquerque and Cerrillos Coal Company expressly admits for the purpose' of this hearing that District 15 does represent a majority and agrees that the National Labor Rela- tions Board may find such to be a fact and may certify .that the United Mine Workers of -America, District 15, is authorized _ALBUQUERQUE & ' CERRILI;OS COAL COMPANY- 627 to represent, for the purposes of collective bargaining, a majority of the employees of said company in the above appropriate unit. 9. On the basis of this stipulation, the National Labor Rela- tions Board may certify that the United Mine Workers of Amer- ica, District 15, is the representative of a majority of the company's employees within the agreed appropriate unit, and the said Board may certify said District 15, as the exclusive bargaining agent of all the company's employees within said appropriate unit. 10. If and when the National Labor Relations Board on the basis of this stipulation certifies that the said District 15 is the rep- resentative of a majority of the company's employees within the agreed appropriate unit, the company agrees to bargain with said District 15, as such, within the meaning of the National Labor Relations Act. Upon the basis of the above stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY The Company is a New Mexico corporation with its offices and place of business at Madrid, New Mexico. It is engaged in the mining, selling, and marketing of anthracite and bituminous coal. It is a lessee of lands owned by Cherokee-Pittsburgh Coal & Mining Com- pany, which in turn is a subsidiary of the Atchison, Topeka & Santa Fe Railway Company, Chicago, Illinois. These lands are located in and near the town of Madrid, New Mexico, and -consist of certain coal- producing mines. - The operations of the Company are divided into two parts, the mines. and. surface departments. There are five mines : Lamb Mine, employing about 112 men; Morgan Jones Mine, employing about 80 men; Mine No. 8, employing about 25 men; Mine No. 33, employing about 15 men; and Mine No. 4, employing about 16 men. The surface department includes the breakers, screeners, separators, powerhouse, various shops such as repair shops, supply houses, office buildings, and about 200 small dwelling houses for the employees, all owned or leased by the Company. The machinery and the installation at the plant are valued at' ap-: proximately $150,000. The yearly pay roll amounts to between $400,- 000 and $500,000. The total number of employees at the present time is about 379, approximately 300 of whom are engaged in the produc- tion, preparation, and loading of coal, exclusive of clerical and super- visory employees. The total production and tonnage approximates 110,000 tons an- nually, with an approximate value of $350,000. The Company ships 628 DECISIONS OF NATIONAL LABOR RELATIONS BOARD approximately 65,000 tons of coal annually to points outside the State of New Mexico. The total receipts from coal shipped or con- sumed outside the State of New Mexico are approximately $225,000 annually. The Company ships its coal over the Atchison, Topeka & Santa Fe Railway. U. THE UNION United Mine Workers of America, District 415, is a labor organization within the meaning of Section 2 (5) of the Act. III. THE QUESTION CONCERNING REPRESENTATION In its amended petition the Union alleges that on August 16 and September 22, 1939, it requested the Company to recognize it as the exclusive bargaining agent of employees in an appropriate unit and that the Company refused. We find that a question has arisen concerning representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States, and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT We find that all of the production employees of the Company en- gaged in the mining and the preparation of coal for market, exclu- sive of supervisory and clerical employees, specifically excluding mine bosses, superintendents, assistant superintendents, assistant mine bosses, face bosses, weigh bosses, boss drivers, head carpenters, night watchmen, head electricians, head mechanics, barn bosses, clerks and office employees, and all other employees not classified as production employees, constitute a unit appropriate for the purposes of collective bargaining, and that said unit will insure to employees of the Com- pany the full benefit of their right to self-organization and to col- lective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the Union has been designated and selected by a majority of the employees in the appropriate unit as their repre- ALBUQUERQUE & CERRILLOS COAL COMPANY 629 sentative for the purpose of collective bargaining. It is, therefore, the exclusive representative of all the employees in such unit for the purposes of collective bargaining, and we shall so certify. Upon the basis of the above findings of fact, stipulation, and the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Albuquerque & Cerrillos Coal Company (No Stockholders Liability), Madrid, New Mexico, within the mean- ing of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. The production employees of the Albuquerque & Cerrillos Coal Company (No Stockholders Liability), Madrid, New Mexico, en- gaged in the mining and the preparation of coal for market, exclu- sive of supervisory and clerical employees, specifically excluding mine bosses, superintendents, assistant superintendents, assistant mine bosses, face bosses, weigh bosses, boss drivers, head carpenters, night watchmen, head electricians, head mechanics, barn bosses, clerks and office employees, and all other employees not classified as production employees, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 3. United Mine Workers of America, District #15, is the exclu- sive representative of all the employees in such unit for the purpose of collective bargaining, within the meaning of Section 9 (a) of the National Labor Relations Act. CERTIFICATION OF REPRESENTATIVES By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act, 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, IT IS HEREBY CERTIFIED that United Mine Workers of America, Dis- trict #15, has been designated and selected by a majority of the production employees of the Albuquerque & Cerrillos Coal Company (No Stockholders Liability), Madrid, New Mexico, engaged in the mining and the preparation of coal for market, exclusive of super- visory and clerical employees, specifically excluding mine bosses, superintendents, assistant superintendents, assistant mine bosses, face bosses, weigh bosses, boss drivers, head carpenters, night watchmen, head electricians, head mechanics, barn bosses, clerks and office em- 283030-41-vol. 19--41 630 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ployees, and all other employees not classified as production employees, as their representative for the purposes of collective bar- gaining and that, pursuant to the provisions of Section 9 (a) of the Act, United Mine Workers of America, District #15, is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment.