Pschirrer & Sons Coal Co.

National Labor Relations Board - Board Decisions

Jun 15, 1943

50 N.L.R.B. 530 (N.L.R.B. 1943)

In the Matter Of PSCHIRRER & SONS COAL COMPANY, A CO-PARTNER-
SHIP, COMFOSED OF GEORGE; JOHN, JOSEPH, CHARLES, FRANK, ALBERT,
AND LEROY PscniRRER and LOCAL UNION No. 8051, UNITED MINE
WORKERS OF AMERICA
Case'No. R-54/.:Decided Jere 15,193
Mr.^A. R. Pschirrer, of Canton, Ill., for the Company. -
Mr. Oscar E. Carlstrora, of Aledo, Ill,., for the United.
Mr. C. C. Dreman, of Belleville, Ill., for the Progressive.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF,-THE-CASE
Upon petition and amended petition duly filed byLocal Union No.
8051, United Mine Workers of America, herein called the United,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Psehirrer & Sons Coal Company, a
co-partnership, composed of George, John, Joseph, Charles, Frank,
Albert, and LeRoy Pschirrer, Canton, Illinois, herein called the Com-
pany, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Lester Asher, Trial Examiner.
Said hearing was held at Canton, Illinois, on May 26, 1943. At the
commencement of the hearing the Trial Examiner granted a motion
of Progressive Mine Workers of America, District No. 1, A. F. of L.,
herein called the Progressive,, to intervene. The Company, the
United, and the Progressive appeared. at and participated in the hear-
ing and all parties were afforded full opportunity to be heard, to ex-
amine and cross-examine witnesses, and to introduce' evidence bearing
on ,the issues. The Trial Examiner's rulings made, at the hearing are
free from prejudicial error and are hereby affirmed.
50 N. L. R. B., No. 82.
530
J
PSCIiURRER & SONS COAL COMPANY - 531.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT -
I. THE BUSINESS OF THE COMPANY
Pschirrer & Sons Coal Company is a co-partnership, composed of
George, John, Joseph, Charles, Frank, Albert, and LeRoy Pschirrer,
operating a coal mine at Canton, Illinois. During 1942, the Company
mined, sold, and distributed coal valued at about $250,000, approxi-
mately 25 percent of 'which was shipped to points outside the State
of Illinois. The Company admits that it is engaged in, commerce
within the meaning of the National Labor Relations Act'
H. THE ORGANIZATIONS INVOLVED
Local Union No. 8051, United Mine Workers of America, is a labor
organization admitting to membership employees of the Company.
Progressive Mine Workers of America, District No. 1, is a labor
organization affiliated with the American Federation of Labor, admit-
ting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On^April 24, 1943, the United 'requested the Company to'recognize
it as the exclusive collective bargaining representative of the Com-
pany's employees. The' Company refused this request on the ground _
that it was operating under a contract with the Progressive.
On August 11, 1941, the Company and the Progressive entered into
a closed-shop contract which expired on March 31, 1943. On April 1,
1943, the Company and the Progressive entered into an agreement
continuing their contract until May 1, 1943. -On April 30, 1943, the
Company and the Progressive entered into a further agreement extend-
ing the original contract to May 31, 1943. The Progressive contends
that its contract is a bar to the instant proceeding and urges that the
petition be dismissed.. As stated above, on April 24, 1943, the United
made its claim upon the Company. Inasmuch as the last extension
between the Company and the Progressive expired on May 31, 1943,
and inasmuch as the United made its claim upon the Company prior
to April 30, 1943, the date of execution of the last extension, we find
that the contract between the Company and the Progressive does not
constitute a bar to a determination of representatives at this time.
On May •1, 1943, the United States Government seized the Company's mine pursuant to
Executive Order 9340 and Order of the Secretary of the Interior Section 23 (d) of Regula-
tions for the Operation of Coal Mmes under Government Control provides that ". . . noth-
ing' shall be construed as recognizing such personnel [employees of the Company] as
officers and employees of the Federal Government . . On June 3, 1943, the Administra-
tor of Solid Fuels for war notified the Board that he had no objection 'to the Board's
assuming jurisdiction in the instant proceeding. -
.532 DECISIONS OF NATIONAL LABOR RELATIO NLS BOARD
A statement of the Regional Director ; introduced into evidence-at
'the hearing , indicates that the United 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
We find, in accordance with a stipulation of the parties, that all
production and maintenance employees of the Company, excluding
the co-partners, office and clerical employees, truck drivers, and armed
guards, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the Act.
V. THE DETISRBLINATI(IN OF REPRESENTATIVES
We find that the question concerning representation which has'
arisen can best be resolved by means of an election by secret ballot.
A strike was called at the Company's mine on May 1, 1943, and was
still in effect at' the time of the hearing. The record discloses that
no new employees have been hired.. The United urges that the pay
roll immediately preceding the date of the strike be used to determine
eligibility to vote. The Progressive contends that only those strik-
ing employees who have attempted to return to work should be deemed
eligible to vote. The Company took no position with respect to the
eligibility date. In accordance with our usual practice, we shall select
a pay-roll date immediately preceding the date of the strike for the
purposes of determining eligibility to vote.
We shall direct that those eligible to vote in the election shall be
the employees within the appropriate unit who were employed dur-
ing the pay-roll period immediately preceding the date of the strike,
May 1, 1943, 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 9, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, it is lierelii*
2The Regional Duector repotted that the United submitted 69 membeiship application
cards bearing apparently genuine signalnres of persons whose names appear on the Com-
panv's pay roll for the period ending April 15, 1948 Theie are 57 employees in _tbe
appropriate unit The Progressive did not present any evidence of membership to the
Regional Director but relies upon its contract as proof of its interest
PSC:HIIRRER & SONS COAL COMPANY 533
D1REcTEn that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Pschirrer & Sons
Coal Company, a co-partnership, composed of George, John, Joseph,
Charles, Frank, Albert, and LeRoy Pschirrer, Canton, 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 supervision of the Regional Director for the Thirteenth
Region, acting in this matter as agent for the National Labor Rela-
tions 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 May 1, 1943, including employees who did not
work during said pay-roll period because they were ill or on vaca-
tion or temporarily laid off, and includmg employees in the armed
forces of the United States who present themselves in person at the
polls, but excluding any who pare since quit or been discharged for
cause, to determine whether they desire to be represented by Local
Union No. 8051, United Mine Workers of America, or by Progressive
Mine Workers of America, District No. 1, A. F. of L., for the purposes
of collective bargaining, or by neither. i
MR. GERARD D. RE:rr.LY, took no part in the consideration of the
above Decision' and Direction of Election.
GaG 1 U 5--44 --vol. 50- 35