Mason & Son Coal Co.

National Labor Relations Board - Board Decisions

Jan 17, 1947

72 N.L.R.B. 195 (N.L.R.B. 1947)

In the Matter of ROBERT MASON AND ELLWOOD MASON, CO-PARTNERS,
D/B/A MASON & SON COAL Co., EMPLOYER and UNITED MINE WORKERS
OF AMERICA , DISTRICT No. 6, 013I0 , PETITIONER
Case No. 8-R-2297.Decided January 17, 1947
Messrs. Robert Mason and Ellwood Mason, of Coshocton, Ohio, for
the Employer.
Messrs. N. I. Nelson and John Graham, of New Philadelphia, Ohio,
for the Petitioner.
Mr. Morton B. Spero, of counsel to the Board.
DECISION
AND
ORDER
Upon a petition duly filed, hearing in this case was held at Coshocton,
Ohio, on September 17, 1946, before Thomas E. Shroyer, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
:Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
Robert Mason and Ellwood Mason , co-partners , doing business as
Mason & Son Coal Co., are engaged in the mining and selling of "do-
mestic" coal at their only mine located in Coshocton, Ohio. During
the 9-month period ending September 17, 1946, the Employer mined
approximately 11,000 tons of coal, all of which was sold for approxi-
mately $3.00 a ton directly from its tipple at the entrance of the mine
to truckers who are independent contractors. These truckers, in turn,
sold the coal to consumers in Cleveland and vicinity for use in private
homes, apartment dwellings , breweries , " and the like."
72 N. L. R. B., No. 34
195
196 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Employer neither admits nor denies the jurisdiction of the
Board. However, aside from the issue of whether the Employer's
operations affect commerce within the meaning of the Act, we are of
the opinion that to assert jurisdiction in this case would not effectuate
the policies of the Act. Accordingly, we shall dismiss the petition.
ORDER
As part of the investigation to ascertain representatives for the
purposes of collective bargaining,
IT IS HEREBY ORDERED that the petition for investigation and certifi-
cation of representatives of employees of Robert Mason and Ellwood
Mason, co-partners, doing business as Mason & Son Coal Co., Coshoc-
ton, Ohio, filed herein by United Mine Workers, District No. 6, Ohio,
be, and it hereby is, dismissed.