Bonanza Mines, Inc.

National Labor Relations Board - Board Decisions

Jan 9, 1943

46 N.L.R.B. 926 (N.L.R.B. 1943)

In the Matter of BONANZA MINES, INC. and INTERNATIONAL UNION OF
MINE, MILL AND SMELTER WORKLRS, LOCAL 575, C. I. O.
Case No. R-4679.-Decided January 9, 19413
Jurisdiction : mining industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition ; contract automatically renewable in absence of
.30 days' notice of cancellation held no bar to, when contracting organization
gave timely notice of desire to cancel, petitioner notified Company of its claim
prior to automatic renewal date, and none of the parties asserted the contract
as a bar; election necessary.
Unit Appropriate for Collective Bargaining : all production and mining em-
ployees , excluding office and supervisory employees and the master mechanic;
agreement as to.
Mr. Clair G. Welchel, of Sutherlin, Oreg., for the Company.
Mr. John M. Brost, of Portland, Oreg., for the C. I. O.
Mr. Charles R. Smith, of Portland, Oreg., for the A. F. L.
Mr. David V. Ea.ston, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union of Mine, Mill and
Smelter Workers, Local 575, C. I. 0., herein called the C. I. 0., alleg-
ing that a question affecting commerce had arisen concerning the rep-
resentation of employees of Bonanza Mines, Inc., Sutherlin, Oregon,
herein called the Company, the National Labor Relations Boartl,pro-
vided for an appropriate hearing upon due notice before William
H. Bartley, Trial Examiner. Said hearing was held at Roseburg,
Oregon, on December 17, 1942. The Coin pany, the C. I. 0., and Quick
Silver Mine Workers, Local 22929, A. F. L., herein called the A. F. L.,
appeared, participated, and were afforded full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence,
bearing on the issues. The Trial Examiner's rulings made at the hear-
ing are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
46N L R B,No.106
926
BONANZA MINES, INC.
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
927
Bonanza Mines, Inc. is an Oregon corporation with its principal
office.in San Francisco, California. The Company owns and operates
a mine at Sutherlin, Oregon, at which it is engaged in the business of
mining and milling mercury ore. This proceeding involves the Com-
pany's operation at Sutherlin, Oregon.
In connection with its business, the Company purchases machinery,
crude oil and mine supplies, a substantial portion of which is shipped
to the Sutherlin mine from points outside the State of Oregon. The
principal product at the mine is mercury in flasks. All of the mercury
products are sold and shipped from the mine to customers engaged in
National ,Defense industries, located at points outside the State of
Oregon. From July to November.1942, the gross value of the Com-
pany's product was approximately $50,000 monthly.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Union of Mine, Mill and Smelter Workers, Local 575,
is a labor organization affiliated with the Congress of Industrial
Organizations,- admitting to membership employees of the Company.
Quick Silver Mine Workers, Local 22929, is a labor organization
affiliated with the American Federation of Labor admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On November 24, 1942, the C. I. O. filed the petition in the instant
case with the Board. It did not attempt negotiations with the Com-
pany because it believed that the Company would not negotiate with
it as long as a contract between the, Company and the A. F. L. re-
mained in effect. At the hearing, a representative of the Coinpaiiy
confirmed this.
The contract between the Company and the A. F. L. was entered-
into February 19, 1942. It provided that it was to remain in effect
until January 1, 1943, and for yearly periods thereafter, unless written
notice of cancelation were given by either party 30 days prior to
December 31 of any, year. On November 17, 1942, the A. F. L. notified
the Company of its desire to cancel the contract and to negotiate a
new agreement. On December 1, 1942, the Company received notice
of the petition of the C. I. O. which had been filed on November 24,
'928 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1942. No new agreement has been entered into by the A. F. L. and the
Company, and neither urged the contract in existence at the time of
the hearing as a bar. Since the C. I. O. filed its petition prior to the
date the contract would have been automatically renewed, and since
the A. F. L. notified the Company of its desire to negotiate a new
agreement, we find that the contract does not constitute a bar to a
present determination of representatives.
A statement of the Regional Attorney, introduced into evidence at
the hearing, and a statement of the Trial Examiner at the hearing,
indicate that A. F. L. and the C. I. O. each represents a substantial
number of employees in the unit hereinafter found 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 Act.
IV. THE APPROPRIATE UNIT
In accordance with an agreement of the parties at the hearing, we
find that all production and mining employees of the Company at its
Sutherlin , Oregon, mine , excluding office and supervisory employees
and the master mechanic , constitute a unit appropriate for the pur-
poses of collective bargaining,,within the meaning of Section 9 (b)
of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the
Direction.
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,
'The Regional Attorney reported that the C. I 0 submitted a petition bearing 44
apparently genuine signatures , 41 of which were names of persons on the`Company's pay
roll of December,5, 1942 , which contained 66 names in the unit which the parties agree to
be appropriate At the hearing the C I 0 submitted as supplemental evidence 53 appli-
cation cards , all of which bore apparently genuine original signatures of persons on the
Company's pay roll of December 15, 1942 , which contained 66 names in the agreed appro-
priate unit The A , F. L. relies upon its closed-shop contract with the Company to estab-
lish its interest . At the hearing it submitted what purported to be a list of members in
good standing; the typewritten list contained the names of 53 persons on the Company's
pay roll of December 15, 1942.
BONANZA MINES, INC. 929
and pursuant to Article III, Section 9, 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 Bonanza Mines,
Inc., Sutherlin, Oregon, an election by secret ballot shall be conducted
as early as possible, but not later than thirty (30) days from the dale
of this Direction, under the direction and supervision of the Regional
Director for the Nineteenth -Region, acting in this matter, as agent
for the National Labor Relations Board and subject to Article' III,
Section 10, 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 immediately 'preceding the date of this
Direction, including employees who did not work during said pay-
roll period because they were ill or on vacation or temporarily laid
off; and including employees in the armed forces of the United States
who present themselves in person at the polls, but excluding any who
have since quit or been discharged for cause, to determine whether they
desire to be represented by International Union of Mine, Mill and
Smelter Workers, Local 575, affiliated with the Congress of Industrial
Organizations, or by Quick Silver Mine Workers, Local 22929, af
filiate'd with the American Federation of Labor, for the purposes of
collective bargaining , or by neither.
504086-43-vol 46-59
In the Matter of BONANZA MINES, INC. and INTERNATIONAL UNION OF
MINE, MILL AND SMELTER WORKERS, LOCAL 575, C. I. O.
Case No. R-4679
AMENDMENT TO DECISION AND DIRECTION OF
ELECTION
January 15, 1943
On January 9, 1943, the National Labor Relations Board issued a
Decision and Direction of Election in.the above-entitled proceeding,'
directing that an election be held not later than thirty (30) days from
the date of the issuance of said Decision and Direction, among all
production and mining employees of Bonanza Mines, Inc., at its Suth-
erlin, Oregon, mine, excluding office and supervisory employees and
the master mechanic.
On December 26, 1942, all the parties to the above-entitled proceed-
ing entered into a stipulation providing that armed guards should
be excluded from the appropriate unit.
The Board hereby orders that the stipulation dated December 26,
1942, shall be made part of the record in the instant case, and amends
its Decision by striking the paragraph in Section IV of said Decision
and substituting therefor the following paragraph :
In accordance with an agreement of the parties we find that all
production and mining employees of the Company at its Suther-
lin, Oregon, mine, excluding office and supervisory employees,
the master mechanic, and all armed guards, constitute a unit
appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.
146 N L R B 926
46 N L R B. No. 106a.
930