K-M-D Mining Co.

National Labor Relations Board - Board Decisions

Sep 5, 1946

70 N.L.R.B. 1172 (N.L.R.B. 1946)

In the Matter of J. T. MARTIN, C. F. DEWEY, AND H. B. KITELINGER,
PARTNERS, D/B/A K-M-D MINING COMPANY, EMPLOYER and DIS-
TRICT 50, UNITED MINE WORKERS OF AMERICA, AFL, PETITIONER
Case No. 14.-R-14127.-Decided September 5, 1946
Pope ct Driemeyer, by Mr. Robert L. Broderick, of East St. Louis,
Ill., for the Employer.
Mr. John Belcher, of Rosiclare, Ill., for the Petitioner.
Mr. Samuel G. Hamilton,lof counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon petition duly filed, hearing in this case was held at Elizabeth-
town, Illinois, on July 5, 1946, before Keith W . Blinn, Trial Examiner.
The TrialfExaminer 's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed.
Upon the entire record in the ease, the National Labor Relations
Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
J. T. Martin, C. F. Dewey, and H. B. Kitelinger, partners, d/b/a
K-M-D Mining Company, are engaged in the mining of fluorspar
ore 111 and near Cave-in-Rock, Illinois, on property owned by the
Mahoning Company, hereinafter called Mahoning. In earlier Board
decisions Mahoning was found to be engaged in commerce within the
meaning of the Act.' These mining operations involve development
Operations at the East Green Mine and Deardorf Mines of Mahoning,
as well as regular mining operations at its West Green and WL No,
mines. Since its formation the Employer 2 has operated under
' See Matter of Mahoning Mmmq Company, 41 N L R B 497, 61 N L. R. B 792.
It was also stipulated at the hearing in the instant case that Mahoning is engaged in
commerce within the meaning of the Act
2 The Employer is a successor to the Cat Mining Company, a partnership originally
composed of the three partners of the Employer and two additional partners The Cat
itinuig Company was engaged in mining operations on property leased from Mahoning,
including the West Gieen Mine, and these operations were regarded by the Board'as a
constituent part of the business of Mahoning at the time of a prior proceeding am}
theretotoie see Matte, of,Motioning Mining Company, 61 N L R B. 792
70 N. L R B., No 99.
1172
Ii-M-D MIN ING COMPANY 1173 ,
contracts with Mahoning, pursuant to which the Employer is required
to deliver to Mahoning in Illinois all mined fluorspar ore and Mahon-'
ing is obligated to pay it for the services performed in mining the
ore. During the period from May 4, 1946, the date of the contract,
to June 15, 1946, the Employer mined and delivered to Mahoning
at Rosiclare, Illinois, all mined fluorspar ore, approximating 3,428
tons, having a market value of between $102,000 and $113,000. The
Employer was paid by Mahoning approximately $7,970 for services
rendered Mahoning in mining this ore. Almost all of the concen-
trates made from this ore were sold and shipped by Mahoning to
points outside the State of Illinois. Of the total products sold and
shipped by Mahoning in interstate commerce since May 4, 1946, it
would seem that a substantial portion was produced from fluorspar
ore mined by the Employer.3
We find, contrary to the contention of the Employer, that it is en-
gaged in activities affecting commerce within the meaning of the
National Labor Relations Act.4
U. THE ORGANIZATION INVOLVED
0
The Petitioner is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of the
Enkployer.
III. THE QUESTION, CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (e) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Petitioner requests a unit of all production and maintenance
employees of the Employer at its West Green Mine, excluding clerical
and supervisory employees. The Employer contends that the unit
should include the employees of all the four mines it operates.
'In each of the years 1941 and 1943 , Mahoning sold and shipped products valued in
excess of $ 400,000 , of which more than 50 percent was sold and shipped from the Illinois
operations to points outside the State of Illinois See Matter of Mahoning Mining Com-
pany, 41 N L R. B 497; 61 N L. R B. 792.
4 See Matter of Trinidad Brick and Tile Company , 67 N. L . R B. 1351; N. L . R. B. v.
Phillips Gas