Day Mines, Inc.

National Labor Relations Board - Board Decisions

May 17, 1948

77 N.L.R.B. 696 (N.L.R.B. 1948)

In the Matter of DAY MINES, INC., EMPLOYER and INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL B-73, AFL, PETI-
TIONER
Case Nos. 19-R-2168, 19-R-2169, and 19-R-2170.-Decided May
17, 19.48
DECISION
AND
ORDER
Upon separate petitions duly filed, a hearing in these consolidated
cases was held before a hearing officer of the National Labor Relations
Board. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of the undersigned Board
Members.*
Upon the entire record in this case, the Board finds :
1. The Employer' is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organization named below claims to represent em-
ployees of the Employer.
3. No question of representation exists concerning the representa-
tion of employees of the Employer, within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act, for the following
reasons:
The Petitioner seeks ,,v unit comprising all employees in the electrical
department of the Employer, including first, second, and third class
.Houston, Murdock, and Gray
1 The Petitioner filed the petitions against the Sherman Mining Company, the Tamarack
Mining Company, and the Hercules Mining Company. At the hearing, the names of two
of the Employers were amended to appear as follows : Sherman Lead Company, Tamarack
and Custer Consolidated Mining Company. Upon further motion which the hearing officer
referred to the Boai d, the Employer moved to substitute in place of the three named com-
panies, as amended , the name of Day Mines, Inc The latter corporation is the successor
in interest to the three companies as the result of a merger occurring after the filing of the
petition and before the hearing. Under the merger agreement, Day Mines, Inc, has
expressly assumed the contractual bargaining obligations of its predecessor companies.
The motion is hereby granted.
77 N. L. R. B., No. 110.
696
DAY MINES, INC. 697
electricians , apprentices , armature repairmen , motor repairmen, and
electrical inspectors . The Employer contends that craft severance
is inappropriate since ( a) the multi -employer collective bargaining
pattern in the Coeur d'Alene district, of which it is a part, would be
seriously impaired; and ( b) the work of the electricians does not
involve special or peculiar interests.
In view of our decision in Matter of Coeur d'Alene Mines Corpora-
tion 2 in which the Petitioner sought a similar unit in the operations
of another employer in the Coeur d'Alene district, and similar con-
tentions were raised by the employer , we find the requested unit
inappropriate for the purposes of collective bargaining.
ORDER
Upon the basis of the above findings of fact and the entire record
in the case, the National Labor Relations Board hereby orders that
the petitions filed herein by the International Brotherhood
of Electrical Workers, Local B-73, AFL, be, and they hereby are,
dismissed.
2 77 N. I. It B 570.