Atolia Mining Co.

National Labor Relations Board - Board Decisions

Jun 18, 1938

7 N.L.R.B. 980 (N.L.R.B. 1938)

In the Matter of ATOLIA MINING CO. and FEDERAL LABOR UNION,
LOCAL 21,464, A. F. OF L.
Case No. R-737.Decided June 18, 1938
Tungsten Mining and Milling Industry-Investigation of Representatives.
controversy concerning representation of employees : rival organizations; re-
fusal of employer to recognize either organization until question of repre-
sentation determined-Unit Appropriate for Collective Bargaining : production
and maintenance employees , excluding clerical employees and employees having
the power to hire or discharge ; no controversy as to-Election Ordered: re-
fusal to delay election on basis of alleged unfair labor practices where com-
plaining union had withdrawn charges previously filed and refused to file new
charges ; union granted 10 days' leave to apply for removal of name from bal-
lot, where desire to participate not clear.
Mr. Charles M. Broolcs, for the Board.
Gibson, Dunn,
'
d Crutcher, of Los Angeles, Calif., by Mr. J. Stuart
Neary and Mr.* Henry B. Ely, for the Company.
Mr. A. H. Petersen, of Los Angeles, Calif., for the Federal.
Mr. Ed Sugar and Mr. William, Gately, of Los Angeles, Calif., for
the International.
Mr. Bernard W. Freund, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On March 26, 1938, Federal Labor Union, Local 21,464, A. F. of L.,
herein called the Federal, filed with the Regional Director for the
Twenty-first Region (Los Angeles, California) a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Atolia Mining Company, 1 Atolia, Cali-
fornia, herein called the Company, and requesting an investigation
and certification of representatives pursuant to Section 9 (c) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.
On April 26, 1938, the National Labor Relations Board, herein.
'Incorrectly designated in the petition as Atolia Mining Co.
980
e
DECISIONS AND ORDERS 981
called the Board, acting pursuant to Section 9 (c) of the Act and
Article III, Section 3, of National Labor Relations Board Rules and
Regulations-Series 1, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice.
On May 3, 1938, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, the Federal, and
International Union of Mine, Mill and Smelter Workers, herein called
the International, a labor organization claiming to represent em-
ployees directly affected by the investigation. Pursuant to the notice,
a hearing was held on May 12 and 13, 1938, at Los Ailgeles, California,
before Martin Raphael, the Trial Examiner duly designated by the
Board. The Board and the Company were represented by counsel,
the Federal by an American Federation of Labor organizer, and the
International by duly authorized representatives. All participated
in the hearing, and were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues. The representatives of the Federal and of the
International did not, however, appear on the second day of the hear-
ing. During the course of the hearing the Trial Examiner made
rulings on motions and on an objection to the admission of evidence.
The Board has reviewed these rulings and finds that no prejudicial
errors were committed. The rulings are hereby affirmed. The Board
hereby denies all motions and overrules all objections to the admission
of evidence which were not ruled upon by the Trial Examiner.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. TI-IE BUSINESS OF THE COMPANY
Atolia Mining Company is a California corporation, owning ap-
proximately 300, acres of mining property at Atolia, California. It
employs about 30 men in the operation of a mill in which tungsten
ores, extracted from the Company's mining property by approxi-
mately 240 individual lessees, are reduced to scheelite concentrates.
The Company is the second largest producer of scheelite concentrates
in the United States.
The Company's entire production, amounting to 299.33 tons and
to $416;357.56 in value in 1937, is shipped outside the State of Cali-
fornia, principally to Pennsylvania and New York. Substantially all
the materials used in producing the concentrates are purchased within
the State of California.
d
982 NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATION INVOLVED
Federal Labor Union, Local 21,464, is a labor organization affiliated
with the American Federation of Labor, admitting to its membership
all employees of the Company, except those having the power to hire
or discharge.
International Union of Aline, Mill and Smelter Workers is a
labor organization affiliated with the Committee for Industrial Or-
ganization. Local 421 of the International apparently admits to its
membership employees of the Company. It was stated at the hear-
ing by the International's representative that Local 421 will amal-
gamate with another local of the International with headquarters
about 40 miles from Atolia, California.
III. THE QUESTION CONCERNING REPRESENTATION
In its petition the Federal alleged that the Company refused to
grant it recognition because of membership claims made by the Inter-
national. At the hearing the representative of the Federal testified
in substance that the Company will not bargain collectively with any
labor organization until it is certified by the Board as the exclusive
bargaining agency of the Company's employees. Counsel for the
Company stated that the Company has no objection to the holding
of an election by the Board and stipulated to the holding of such an
election.
We find that a question has arisen concerning representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has