Tennessee-Schuylkill Corp.Download PDFNational Labor Relations Board - Board DecisionsJan 9, 194346 N.L.R.B. 923 (N.L.R.B. 1943) Copy Citation In the Matter of TEN _NESSEE-SCHUYLKILL CORP. and UNITED MINE WORKERS, DISTRICT 50 Case No. R-4699.-Decided January 9, 1943 Jurisdiction : mining industry. Investigation and Certification of Representatives : existence of question ; agree- ment as to ; election necessary. Unit Appropriate for Collective Bargaining : all production, maintenance, and construction employees, excluding clerical and supervisory employees with the right to hire. Mr. Carl G. Krook and Mr. Frank C. Cassidy, both of Kingman, Ariz., for the Company. Jlh% A. B. Sparks, of Los Angeles, Calif., for the Union. Mr. Arthur Leff, of counsel to the Board DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Mine Workers, District 50, here- in called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Tennessee- Schuylkill CoIp., Chloride, Arizona, herein called the Company, the National Labor Relations Board provided for an appropriate hear- ing upon due notice before Robert C. Moore, Trial Examiner. Said hearing was held at Kingman, Arizona, on December 22, 1942. The Company and the Union 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 Exam- iner'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 Tennessee -Schuylkill Corp. is a Delaware corporation. It main- tains offices in New York City and Chloride , Arizona. It owns and 46 N. L . R. B., No. 105. 923 924 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD operates a mine and mill at Chloride, Arizona, and is engaged in mining ore from which it produces lead and zinc concentrates. All of the concentrates produced by the Company are shipped to refineries of the American Smelting and Refining Company, located in El Paso and Amarillo, Texas. In the first 9 months of 1942 the Company produced 5,757.43 tons of concentrates, having a gross valuation of $433,312.69. The Company in its mining and milling operations uses some materials, principally chemical reagents, lumber, and drill steel, which originate outside Arizona. Purchases of these materials in the first 9 months of 1942 totaled $29,604.31. In the same period the Company used electric power generated at Boulder Dam, valued at $21,505.78. We find that the Company is engaged in commerce within the meaning of the National Labor Relations 'Act. H. THE ORGANIZATION INVOLVED United Mine Workers, District 50, is a labor organization, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The parties stipulated that representatives of that Union had re- quested the Company to bargain with the Union as the representative of the Company's employees , and that the Company had refused to do so upon the ground that it did not know whether or not the Union represented its employees. Evidence of representation was presented by the Union to the Trial, Examiner indicating that the Union represented a substantial number of the 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 The Union requested a unit consisting.of all production, mainte- nance, construction, and transportation employees of the Company in the vicinity of Chloride, Arizona, with the exception of clerical em- ployees and supervisory employees having the right to hire and dis- charge. The Company conceded this to be an appropriate unit, except that it contended it had no transportation employees. The testimony 1 The Union presented a total of 153 executed applications for membership in the Union, which were dated between August and December 1942. Of these , 64 bore apparently genuine original signatures of employees appearing on the Company 's December 20, 1942, pay roll The pay roll showed a total of 87 employees within the unit hereinafter found appropriate. TENNESSEE -SCHUYLKILL CORP. 925 showed that the Company had never employed transportation em- ployees and did not contemplate doing so in the future. All of the employees involved are employed in the Company's mine and mill at Chloride, Arizona. We, therefore, And that all production, maintenance, and construc- tion employees of the Company at Chloride, Arizona, excluding cler- ical employees and supervisory employees with the right to hire and discharge, constitute a unit appropriate for the purpose 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 Di- rection. 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 Tennessee- Schuylkill Corp., Chloride, Arizona, 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 Twenty-first 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 person at the polls, but excluding any who have since quit or been discharged for cause, to determine whether or not they desire to be represented for the purposes of collective bargaining by United Mine Workers, District 50. 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