Harry M. Williamson & Son

National Labor Relations Board - Board Decisions

Mar 25, 1943

48 N.L.R.B. 547 (N.L.R.B. 1943)

In the Matter of HARRY M. WILLIAMSON AND HARRY B. WILLIAMSON, A
PARTNERSIIIP, D/B/A HARRY M. WILLIAMSON & SON and INTERNA-
TIONAL UNION OF. MINE, MILL AND SMELTER WORKERS , LOCAL 635
Case No. R-4965.-Decided March 25, 1943
Jurisdiction : fluor spar ore mining and milling industry.
Investigation and Certification of Representatives : existence' of question : com-
,pany failed to answer union's request for recognition ; contemplated changes
in operations in the event company obtained a contract with the United States
Government,- found under the circumstances, not to warrant postponing the
election
Unit Appropriate for Collective Bargaining : company-wide unit comprising mine
and mill operations found appropriate notwithstanding union's contention that
unit should be confined to the mine operations; mill operators, leadmen or
shiftmen, included in the unit over objection of the union, when contrary to
union's contention, they were found not to be supervisory employees.
Mr. Frank McDonough, Jr., of Denver, Colo., for the Company.
,Mr. Ray Lee, of Denver, Colo., and Mr. Guy Bash, f ord, of James-
town, Colo., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition duly flied 'by International
Union of Mine, Mill and Smelter Workers, Local 635, herein called the
Union, alleging ' that a question affecting commerce had arisen con-
cerning the representation of employees of Harry M. Williamson and
Harry B. Williamson, a partnership, d/b/a Harry M. Williamson
& Son, Jamestown, Colorado, herein called the Company, the National
Labor Relations Board provided for an appropriate'hearing upon due
notice before Willard Y. Morris, Trial Examiner. Said hearing was,
held at Denver, Colorado, on March 4, 1943. The Company and the
Union appeared, participated, and were afforded full opportunity to
be' heard, to examine and cross -examine witnesses , and to introduce
48N. L. R. B., No. 70.
547
" 521247-43-vol. 48-36
548 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
evidence bearing on the issues. The Trial Examiner's rulings made
at the hearing are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Harry M. Williamson and Harry B. Williamson, a partnership,
tl/b/a Harry M. Williamson & Son are engaged in the mining and
milling of fluor spar ore at Jamestown, Colorado. During 1942 the
Company mined approximately 4700 tons of ore. All the concen-
trates resulting from the reduction of this ore were shipped to points
outside the State of Colorado. The Company admits that it is
engaged in' 'commerce within' the meaning of the National Labor
Relations Act:
II. THE ORGANIZATION INVOLVED
International Union of Mine, Mill and Smelter Workers, Local
535, is a labor organization affiliated with the Congress of Industrial
Organizations, admitting to membership employees of the Company.,
III. THE-QUESTION CONCERNING REPRESENTATION
^,^''On^January 11, 1943, the Union,;clailuing to"represent.a^niajulity
of the Company's employees, requested the Company to recognize it
as the exclusive representative of siicli employees. The Company did
not reply to this request.
A statement of the Trial Examiner, read. into evidence- during the
hearing, indicates that `tile Union represents 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 Act.
IV. THE APPROPRIATE UNIT
,The Union -urges that all production' nd' mainteiiance employees
at the mining operations of the Company,'excluding supervisory;-
techhical, and office employees, constitute an appropriate unit.-The
Coiiipany contends that' its entire operations, . consistin' g of 'the em-
ployees at the mine and the mill, constitute a single a ipropriate•unit^
In its petition, the Union requested a single unit of 'mine and mill
^'ifipl'oyees. )J`It,*as not,until'the shearing! that the' Union cha'nke& its
' The Trial Examiner reported that the Union presented 15 membership apphca "ion cards
bearing apparently genuine signatures of persons whose names , appear- on -the -Company's
pay roll of February 2S, 1943 There are approximately 32 employees in tl.e appropriate
unit.
HARRY M. WILLIAMSON & SON 549
position and asked that the unit be confined to 'mine employees. The
record indicates that the Union has conducted its organizational cam-
paign on a company-wide basis,and that a number of the employees
Working - at -the , mill ,have designated •=the 'Union as their bargaining
representative. The operations of the mine and the mill are inter-
dependent and the pay rates are substantially similar. We conclude
that the company-wide unit is the appropriate one in this case.
The Union and the Company agree, and we find, that supervisory,
technical, and office employees should be excluded from the appro-
priate unit. The parties are in disagreement, however, as to whether
mill operators and leachnen should be included; the Union urges that
both groups be excluded on the ground that they are supervisory
employees.
The mill -operators, of whom there. are four, are paid -on an hourly
basis and receive only a slightly higher rate of pay than their helpers.
Each of the operators exercises supervision only over his helper, com-
parable to that which a skilled employee customarily exercises with
respect to an assistant. The operators have no authority over other
employees in the department. There are three employees in the
nine classified as leadmen or shift men. The record indicates that
these employees spend almost the entire day performing manual work
and that the amount of -supervision they exercise is negligible. We
find that theg idence• as toy the supervisory authority of the mill.oper-
ators and leadmen is insufficient to warrant excluding them. Accord-
ingly, we shall include both groups in the unit.
We find that all production and maintenance employees of the
Company, including mill operators and leadmen, but excluding su-
pervisory, technical, and office employees, constitute a' unit appro-
priate for the purposes of collective bargaining, within the meaning
of,8ection 9 (b) of the Act.
V. '1111' DETERMINATIONT 'OF REPRESENTATIVES
J
We shall direct' that the question concerninng.representation' which
has arise- be resolved by means of, an election by secret,ballot. ,' ,The
Union requests that an election be held in the immediate future. The
Company contends that any election that might be directed should
be • postpone(] because of pending contract negotiations with the
United Sates Government. The. Company is presently negotiating
with the United St:tcs Government for contracts which might re-_
quire it to change its operating methods. Such conteinplatcd- change
might result in the mine employees becoming independent contrac-
tors. However, the record indicates that there is considerable un-
certainty as to when any contract will be received and if so whether
the contemplated change in operations will be put into effect. We
550 DECISIONS- OF NATIONAL LABOR RELATION28 BOARD
shall accordingly proceed with an immediate determination of repre-
sentatives.
We shall direct that the employees eligible to vote in the election
shall be those within the appropriate. unit who were employed dur-
ing the pay-roll period immediately preceding the date of the Direc-
tion 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 Rela-
tions Act, 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 Harry M. Wil-
liamson and Harry B. Williamson, a partnership, d/b/a Harry M.
Williamson & Son, Jamestown, Colorado, an election 1by 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 Seventeenth 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 any such 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 per-
son at the polls, but excluding any, who have since quit or been dis-
charged, for cause, to determine whether or not they desire°to be rep-
resented by International' Union of Mine; Mill and-Smelter•Workers;
Local 635, affiliated with the Congress of Industrial Organizations,
.for the purposes of collective bargaining.