Hillside Fluorspar Mines

National Labor Relations Board - Board Decisions

Mar 31, 1945

61 N.L.R.B. 225 (N.L.R.B. 1945)

In the Matter of HILLSIDE FLUORSPAR MINES (KEYSTONE MINES) and
DISTRICT 50, UNITED MINE WORKERS OF AMERICA
Case No. 11-R-742.-Decided March 31, 1945
Pope c0 Ballard , by Mr. B. B. Vedder, of Chicago , Ill., and Mr. H.
W. Hurst, of Rosiclare , Ill., for the Company.
Mr. Harold C. Stephenson , of Rosiclare , Ill., for the Union.
Mr. Louis Cokin , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by District 50, United Mine Workers of
America, herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Hillside Fluorspar Mines (Keystone Mines), Marion, Kentucky,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Clifford L.
Hardy, Trial Examiner. Said hearing was held at Evansville, In-
diana, on March 2, 1945. The Company and the Union appeared,
participated, and were afforded full opportunity to be heard, to ex-
amine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues. The Trial Examiner's rulings made at the hearing
are free from prejudicial error and are hereby affirmed. All parties
were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Hillside Fluorspar Mines is an Illinois corporation with its prin-
cipal offices at Chicago, Illinois. It operates and owns the Keystone
Mines near Marion Kentucky, with which we are here concerned,
where it is engaged in the mining of fluorspar. During the 12-month
61 N. L R B., No. 25.
225
226 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
period preceding the hearing, the Company mined and shipped to
points outside the State of Kentucky fluorspar valued in excess of
$50,000. During the same period the Company purchased supplies
valued in excess of $10,000, over 50 percent of which was shipped to it
from points outside the State of Kentucky.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
District 50, United Mine Workers of America, is a labor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive collec-
tive bargaining representative of its employees at the Keystone Mines.
The Company takes the position that no election should be directed
at this time for the reason that in an election conducted in 1942, and an
election conducted in 1943, a majority of its employees had voted
against representation by the Union. Over a year has elapsed since
the 1943 election. The record discloses that the Union has membership
cards bearing the names of a substantial number of employees. All of
these cards are dated subsequent to the election of 19431 Since no
collective bargaining representative was chosen as a result of the 1942
and 1943 elections and in view of the fact that a substantial number
of the Company's employees appear to have indicated, since those
elections, a desire for representation by the Union, we believe that
the policies of the Act will best be effectuated by conducting an election
on the present petition 2
We find that aquestion 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
We find, in agreement with the parties, that all production and main-
tenance employees at the Keystone Mines of the Company, excluding
clerical employees, master mechanic, shift leaders, superintendent,
office manager, foremen, and any other supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise 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.
' According to a statement introduced into evidence at the hearing , the Union submitted
21 application cards There are approximately 55 employees in the appropriate unit.
' See Matter of New ' York Central Iron Works , Hagerstown, Maryland, 37 N. L. R. B. 894.
HILLSIDE FLUORSPAR MINES
V. THE DETERMINATION OF REPRESENTATIVES
227
We shall direct that the question concerning representation which
has arisen be resolved by means of an efction by secret ballot among
the employees 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, and pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Hillside Fluorspar
Mines (Keystone Mines), Marion, Kentucky, an election by secret
ballot shall be conducted as early as possible, but not later than sixty
(60) days from the date of this Direction, under the direction and su-
pervision of the Regional Director for the Eleventh Region, acting in
this matter as agent for the National Labor Relations Board, and
subject to Article III, Sections 10 and 11, of said Rules and Regula-
tions, 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 and
have not been rehired or reinstated prior to the date of the election, to
determine whether or not they desire to be represented by District 50,
United Mine Workers of America, for the purposes of collective
bargaining.