Northwestern Mining & Exchange Co. of Erie, Pennsylvania

National Labor Relations Board - Board Decisions

Jun 10, 1947

74 N.L.R.B. 10 (N.L.R.B. 1947)

In the Matter of NORTHWESTERN MINING & Exci CAN GE COMPANY OF
ERIE, PENNSYLVANIA, EIAIPLOYER and LOCAL UNION #461, TJ N I'rED
CLERICAL, TECHNICAL AND SUPERVISORY EMPLOYEES OF THE MINING
INDUSTRY, DIVISION OF DISTRICT 50, U. M. W. A., PETITIONER
In the Matter of NORTHWESTERN MINING &, EXCHANGE COMPANY OF
ERIE, PENNSYLVANIA, EMPLOYER and LOCAL UNION #80, UNITED
CLERICAL, TECHNICAL AND SUPERVISORY EMPLOYEES OF THE MIN1$^G
INDUSTRY, DIVISION OF DISTRICT 50, U. M. W. A., PETITIONER
Cases Nos. 6-R-1469 and 6-R-1479, respectively. Decided June 10,
1947
Mr. Frank G. Smith, of Clearfield, Pa., for the Employer.
Cllr. Charles R. Ferguson, of Pittsburgh, Pa., for the Petitioner.
Mr. Bernard L. Balicer, of counsel to the Board.
DECISION
DIRECTION OF ELECTION
AND
ORDER
Upon separate petitions duly filed, a consolidated hearing in this
case Was held at Brookville , Pennsylvania , on January 7, 1947, before
G. tip. Stewart Sherman , hearing officer.1 The hearing off'icer's rulings
made at the hearing are free from prejudicial error and are hereby
affirmed.2
Upon the entire record in the case, the National Labor Relations
Board makes the following : i
' We shall sever and consider separately Case No. 6-R-1466, and dedl solely herein with
the petition of Local Union #461 in Case No 6-R-1469, involving the clerical and techni-
cal employees of the Employer.
2 At the hearing, the Employer stated that it appeared specially pursuant to direction
from the Coal Mines Administrator , and that although it would make certain information
available to the Board , it would not participate in the hearing After stating its conten-
tions regarding certain issues involved herein , the Employer withdrew from the hearing
The various contentions made by the Employer at the time of its special appearance are
dealt with hereinafter.
74 N. L R B., No. 3.
10
NORTHWESTERN MINING & EXCHANGE COMPANY
FINDINGS OF FACT
I. TIIE BUSINESS OF THE EMPLOYER
11
The Employer is a Pennsylvania corporation with its main operat-
ing office located at DuBois, Pennsylvania. It operates the Kramer
Dune located at Henderson Township, Jefferson County, Pennsylvania,
and several other mines located in various counties of the Common-
wealth of Pennsylvania. Only the Kramer Mme and the operating
office at DuBois, Pennsylvania, are involved in this proceeding. The
Kramer Mine produces 2,000 to 2,500 tons of coal per day. For the
period from May 22, 1946, to November 9, 1946, the Employer pur-
chased equipment and supplies valued at approximately $86,000 for
use at its mines, of which 60 percent originated at points outside the
State of Pennsylvania. During the sane period the Employer pro-
duced in excess of 287,125 tons of coal, all of which was sold to the
Erie Railroad Company and was used by it in the operation of its
railroad, which is engaged in interstate commerce.
We find, contrary to the contention of the Employer, that it is
engaged in commerce within the meaning of the National Labor Re-
lations Act.'
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
At various times prior to the filing of the Petitioner herein, the
Employer has refused to recognize the Petitioner as the bargaining
representative of employees of the Employer.
At the hearing, the Employer alleged, in effect, that it was not the
Employer of the employees involved herein by reason of the Govern-
nment's possession and control of the mines pursuant to Executive
Order 9728, and that consequently no question exists concerning
representation. This contention has previously been urged upon both
the Board and the Courts and found to be without merit.4 As was
S In a letter dated November 9, 1946, addressed to the Board's Regional Office, the Em-
plover alleged that it is not engaged in interstate commerce inasmuch as its property is in
the possession of the United States Government and is now being operated under Govern-
ment direction For the reasons set forth in Section III, infra, we find this contention to
be without merit, and msofai as it constitutes a motion to dismiss for lack of jurisdiction
it is heieby denied
^ .,Itatter of -Pest Kentucky Coal Company, 54 N L R B 358 and 57 N L R B 89, enf'd
152 F (2d) 198 (C C A 6), cert den 328 U S 866 , Matter of Glen Alden Coal Co . 50
N L It B 656, enf'd 141 F (2d) 47 (C C A 3) , Matter of Jones S Laughlin Steel Car-
potation, Vesta-Shannopin Coal Disasion, 71 N L R B 1261
12 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
stated in Hatter of Jones di Laughlin Steel Corporation," the Board
is not required to and does not pass on the precise nature of the
Government's relationship to the mine workers or of its authority
while in possession of the mines. It is sufficient for this proceeding
that the private owner of the mines remains, for the purposes of the
Act, an Employer of the mine workers during the period of govern-
mental possession and is subject to the jurisdiction of the Board.
Nor is the Board's position in this respect inconsistent with the hold-
ing of the United States Supreme Court in the recent Lewis case.6
Accordingly, we find that the Employer is an employer of the
employees involved herein within the meaning of Section 2 (2) of
the Act. -
We find that in Case No. 6-R-1469 a question affecting commerce
has arisen concerning the representation of employees of the Em-
ployer within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the Act.
IV. THE APPROPRIATE UNIT
Local Union #461 seeks to include in the unit it alleges to be appro-
priate all clerks, draftsmen, transit men, the rodman, mine super-
intendent's clerk, supply clerk, stenographers, storekeeper, mine
weighman, railroad weighmaster, assistant railroad weighmaster, file
clerk, gas and safety inspector, and rock dust inspector at the Em-
ployer's Kramer Mine ahd its general operating office in DuBois,
Pennsylvania. The Employer took no position as to the appropriate-
ness of the foregoing unit.
We find that all clerical and technical employees at the Employer's
Kramer Mine and at its DuBois office, including clerks, the draftsman,
transit men, the rodman, supply clerk, storekeeper, general clerk,
mine weighman, railroad weighmaster, assistant railroad weigh-
master, the general stenographer, file clerk, gas and safety inspector,
and rock dust inspector, excluding the nine superintendent's clerk,?
the General Manager's stenographer,s the chief engineer, the local
auditor, and all other supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action, constitute a unit
5 Footnote 3, supra
U Matter of United States v United Mine Workers of America, 67 S Ct 677 See the
Board's Supplemental Decision and Order in Matter of Ford Collieries Company, 73 N L
R B. 400.
4 The record indicates that although the superintendent's clerk does not have power to
hire and discharge, he has charge of various mine office clerical employees, is referred to
as the "chief clerk," and has supervisory authority within the Board's customary defini-
tion of that term.
S Although the Petitioner desires her inclusion , we shall exclude the General Manager's
stenographer from the unit, inasmuch as she acts in a confidential capacity to a person
who exercises managerial functions in the field of labor relations.
NORTHWESTERN MINING & EXCHANGE' COMPANY 13
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.9
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Northwestern Mining & Ex-
change Company of Erie, Pennsylvania, at its Kramer Mine and at its
DuBois, Pennsylvania office, an election by secret ballot shall be con-
ducted as early as possible, but not later than thirty (30) days from
the date of this Direction, under the direction and supervision of the
Regional Director for the Sixth Region, acting in this matter as agent
for the National Labor Relations Board, and subject to Sections 203.55
and 203.56, of National Labor Relations Board Rules and Regula-
tions-Series 4, among the employees in the unit found appropriate in
Section IV, above, who were employed during the pay-roll period im-
inediately preceding the date of this Direction, including employees
who did not work during said pay-roll period, because they were
ill or on vacation or temporarily laid off, and including employees in
the armed forces of the United States who present themselves in person
at the polls, but excluding those employees who have since quit or been
discharged for cause and have not been rehired or reinstated prior to
the date of the election, to determine whether or not they desire to be
represented by Local Union #461, United Clerical, Technical and
Supervisory Employees of the Mining Industry, Division of District
50, U. M. W. A., A. F. of L., for the purposes of collective bargaining.
ORDER
IT IS HEREBY ORDERED, pursuant to Section 203.58 Subsection (c) (4)
of National Labor Relations Board Rules and Regulations-Series 4,
that Case No. 6-R-1470, instituted by Local Union #80, be, and it
hereby is, severed from Case No. 6-R-1469..
MR. JAMES J. REYNOLDS, JR., took no part in the consideration of the
above Decision, Direction of Election, and Order.
9 There are approximately 20 employees in the electrical and technical unit.