Mahoning Mining Co.

National Labor Relations Board - Board Decisions

May 29, 1942

41 N.L.R.B. 497 (N.L.R.B. 1942)

i
In the Matter Of MAHONING MINING COMPANY and UNITED MINE
WORKERS OF AMERICA, GAS, COKE AND CHEMICAL WORKERS, DISTRICT
No. 50, C. I. O.
Case No. R-3815.-Decided May 29, 1942
Jurisdiction : lead, zinc, and fluorspar mining industry.
Invest,gation and Certification of Representatives : existence of question: re-
fusal of Company to accord union recognition until certified by the Board;
election necessary.
Unit Appropriate for Collective Bargaining : all employees at three mines
operated by the Company, excluding clerical and supervisory employees,
guards, safety men, and the engineer ; stipulation as to.
Mr. Robert K. Heineman , of East St. Louis, Ill., for the. Company.
Mr. Robert H. Allison, of Pekin, Ill., and Mr. M. J. Hanagan, of
Benton, Ill., for the Union.
Mr. Louis Cokin , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
I
STATEMENT OF THE CASE
Upon petition duly filed by United Mine Workers of America,
Gas, Coke and Chemical Workers, District No. 50, herein called the
Union, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Mahoning Mining Com-
pany, Cave-In-Rock, Illinois, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon
due notice before Charles K. Hackler, Trial Examiner. Said hearing
was held at Elizabethtown, Illinois, on May 8, 1942. The Company
and the Union appeared, participated, and were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. The Trial Examiner's rul-
ings made at the hearing are free from prejudicial error and are
hereby affirmed.
41 N L R B, No. 99
497
463892-42-vol 41-32
498 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, tfie Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Mahoning Mining Company is a Delaware corporation with its
principal office at Youngstown, Ohio. The Company is a subsidiary
of Youngstown Sheet & Tube Company. We are here concerned with
the Company's -mines in and near Cave-In-Rock, Illinois, where it is
engaged in the mining of lead, zinc, and fluorspar. During 1941
the Company shipped finished products valued in excess of $400,000,
more than 50 percent of which was shipped out of Illinois.
II. THE ORGANIZATION INVOLVED
United Mine Workers of America, Gas, Coke and Chemical Work-
ers, District No. 50, is a labor organization affiliated with the Congress
of Industrial Organizations, admitting to membership employees
of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On March 25, 1942, the Union, claiming to represent a majority
of the Company's employees, requested the Company to recognize
it as the exclusive representative of its employees. The Company
denied this request until such time as the Union is certified by the
Board. The parties stipulated at the hearing that the Union rep-
resents 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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties,) that, all
employees at the three mines operated by the Company in and near
Cave-In-Rock, Illinois, excluding clerical and supervisory employees,
guards, safety men, and the engineer, constitute a unit appropriate
'for the purposes of collective bargaining, within the meaning of
Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved' by an election by secret ballot. The
Company and the Union agreed that the pay roll of April 30, 1942,
MAHONING MINING COMPANY 499
should be used to determine eligibility to vote. In accordance with
the stipulation of the parties, we shall direct that the employees of
the Company eligible to vote in the election shall be those in the
appropriate unit who were employed during the pay-roll period
ending April 30, 1942, . 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 8, 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 Mahoning Min-
ing Company, Cave-In-Rock, 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 super-
vision of the Regional Director for the Fourteenth Region, acting in
this matter as agent for the National Labor. Relations Board, and
subject to Article III, Section 9, 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 ending April 30, 1942,
including any such employees who did not work during such pay-roll
period because they were ill or on vacation or in the active military
service or training of the United States, or temporarily laid off,
but excluding any who have since quit or been discharged for cause,
to determine whether or not they desire to be represented by United
Mine Workers of America, Gas, Coke and Chemical Workers, Dis-
trict No. 50, affiliated with the Congress of Industrial Organizations,
for the purposes of collective bargaining.
In the Matter Of MAHONING MINING COMPANY and UNITED MINE
WORKERS OF AMERICA, GAS, COKE, AND CHEMICAL WORKERS, DIS-
TRICT No. 50, C. I. O.
Case No. R-3815
AMENDMENT TO DIRECTION OF ELECTION
June 04, 1942
On May 29, 1942, the National Labor Relations Board issued a
Decision and Direction of Election in the above-entitled proceeding.'
On June 15, 1942, Mahoning Mining Company and United Mine
Workers of America,'Gas, Coke and Chemical Workers, District No.
50, C. I. 0., requested the Board to extend the time in which the elec-
tion is to be held. The Board hereby grants the request.
IT IS HEREBY ORDERED that the Direction of Election be amended
by striking therefrom the words "but not later than thirty (30) days
from the date of this Direction," and substituting therefor the words
"but not later than sixty (60) days from the date of this Direction."
141 N. L It B 497.
41 N. L R. B., No. 99a.
500