United States Vanadium Corp.

National Labor Relations Board - Board Decisions

Oct 28, 1943

53 N.L.R.B. 173 (N.L.R.B. 1943)

In the Matter of UNITED STATES VANADIUM CORPORATION and UNITED
MINE WORKERS OF AMERICA, DISTRICT 15 AND LOCAL UNION 8065
In the Matter of UNITED STATES VANADIUM CORPORATION and UNITED
MINE WORKERS OF AMERICA, DISTRICT 50 AND LOCAL UNION 12729
Cases Nos. 17-8-688 and 17-8-690, respectively .Decided October
28, 1943
Mr. Williams C. Treanor, of New York City, and Mr. Robert M.
Mahoney, of Grand Junction , Colo., for the Company.
Mr. Frank Price, of Denver , Colo., for District 15.
Mr. Fred I. Hefferly , of Denver , Colo., and Mr. Austin Barnes, of
Florence , Colo., for District 50.
Mr. William R. Cameron , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions severally filed by United Mine Workers of America,
District 15 and Local Union 8065, herein called District 15, and United
Mine Workers of America, District 50 and Local Union 12729, herein
called District 50, alleging that questions affecting commerce had
arisen concerning the representation of employees of United States
Vanadium Corporation, Uravan, Colorado, herein called the Com-
pany, the National Labor Relations Board provided for an appropri-
ate consolidated hearing upon due notice before Elmer L. Hunt, Trial
Examiner. Said hearing was held at Uravan, Colorado, on Septem-
ber 13, 1943. The Company, District 15, and District 50, appeared,
participated, and were afforded full opportunity to be heard, to ex-
amine and cross-examine witnesses, and to introduce evidence bearing
on the issues. The Trial Examiner's rulings made at the hearing are
free from prejudicial error and are hereby affirmed. All parties were
afforded opportunity to file briefs with the Board. The Company re-
quested oral argument. This request is hereby denied.
x;53 N. L. R. B, No 36.
173359015-44-vol. 53-13
174 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
United States Vanadium Corporation, a Delaware corporation,
has its home office in New York City, and operates a number of non-
ferrous metals mines and mills throughout the United States. We
are here concerned with its operations in and about Uravan, Colo-
rado, where it is engaged in the mining and milling of vanadium ores
and the operation of a coal mine producing sub-bituminous coal for
its own use. During the year 1942 the Company purchased supplies
and machinery which were obtained from points outside the State
of Colorado, for use at Uravan, amounting in value to more than
$100,000. During the same period the Company produced concen-
trates amounting in value to more than $100,000, all of, which were
shipped to points outside the State of Colorado. The Company
concedes that it is engaged in commerce within the meaning, of the
National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Mine Workers of America, District 15 and Local Union
8065, is a labor organization admitting to membership - employees
of the Company.
United Mine Workers of America, District 50 and Local Union
12729, is a labor organization admitting to membership employees
of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
On July 23, 1943, District 15 and District 50 each notified the,
Company that it claimed to represent a majority of the employees in,
the respective unit which it considered to be appropriate;, and re-,
quested a collective bargaining conference. The Company refused
to recognize either union, questioning the appropriateness of the units
claimed and the existence of the respective unions' majority repre-,
sentation therein.
A statement of the Regional Director, introduced in evidence at,
the hearing, indicates that District 15 and District 50 each represents
a substantial number of employees in the respective unit which itc
claims to be appropriate.'
I The Regional Director reported that District 15 submitted an authorization petition,
dated July 15, 1943, bearing 18 apparently genuine original signatures , all of which are-
UNITED STATES VANADIUM CORPORATION 175
We find that questions affecting commerce have arisen concerning
the representation of employees of the Company within the meaning
of Section 9 (c)' and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
District 15 seeks a unit composed of all production and mainte-
nance employees, exclusive of supervisors, at the Company' s coal mine
located near Uravan, Colorado. District 50 seeks a unit composed
of all production and maintenance employees of the Company in its.
Uravan milling operations, and its Club, Dolores, Long Park, and
Monogram vanadium mines, but excluding supervisors, office and
clerical employees, and employees in the laboratory, commissary, hos-
pital, boarding house, engineering department, and Club Ranch. The
Company would also include within the unit proposed by District
50, and District 50 would exclude, road maintenance employees, truck
drivers, and employees in the warehouse at Grand Junction, the salt
works, housing department, and Egnar mine. The Company further
contends that the employees in its vanadium mining, and milling
operations and in its coal mine together constitute a single appropri-
ate unit.
The Company's coal,mine is located approximately 15 miles from
Uravan. Nearly all the coal produced is used by the Company in
its Uravan operations. The coal miners live in the town of Nucla,
which is near the mine, and are transported by the Company to and
from their work. While the record discloses that the process of
mining coal is here more nearly similar to the mining of vanadium
ore than it is in other coal mines, there are, however, certain differ-
ences, in that electrical rather than air equipment is used in the
coal mine, and a somewhat different skill is required in mining.
The record indicates that neither District 15 nor District 50 admits
to membership employees other than those 'in the respective unit
which it claims to be appropriate. In view of all the circumstances,
we find that the employees in the Company's coal mine and the em-
ployees in the Company's vanadium mining and milling operations
constitute separate appropriate units.
Road maintenance employees: The Company employs approximately
five road maintenance employees who operate the tractors and other
the names of persons whose names are on the Company's pay roll for the period ending
August 14, 1943
The Regional Director further reported that District 50 submitted 138 authorization-
application cards dated between July 15 and August 14, 1943, all of which bear' the
apparently genuine original, signatures of persons whose names are on the above-men-
tioned pay roll.
The record discloses that there were approximately 22 employees in the unit claimed
by District 15 to be appropriate , and approximately 208 employees in the unit claimed by
District 50 to be appropriate, as of the date of the said pay roll.
176 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
machinery-by which the Company-maintains the roads upon its
property in and about its operations at Uravan. This occupies ap-
proximately 80 percent of their time and when not so occupied they
are employed at any jobs 'Which they may be called upon by the
Company to do about the mill. We shall include road maintenance
employees in the vanadium mining and milling unit.
Truck drivers: The' Company employs 13 truck drivers whose
duties are to drive the trucks that deliver the ore from 'the Com-
pany's mines to its mill, and to truck supplies and do such other
haulage jobs as may be needed. Their work is different in nature
from, and not performed in close contact with, that of the production
and maintenance employees. We shall exclude the truck drivers.
Grand Junction warehouse employees: At its warehouse, in Grand
Junction the Company has 10 employees, all of whose work is per-
formed at the warehouse in loading and unloading freight, and 6
truck drivers who haul supplies to Uravan and concentrates from the
mill at Uravan to the railroad at Grand Junction for shipment.
Grand Junction is approximately 92 miles from Uravan. In view
of the distance and dissimilarity of their work from that of the
Uravan employees, we shall exclude all Grand Junction warehouse
employees.
Salt works employees: As part of its Uravan operations the Com-
pany maintains a salt works, located approximately 11 miles from
Uravan, the purpose of which is to furnish salt for use in the Com-
pany's,,mill. Although the salt works is closed down at the present
time, and salt is obtained elsewhere, this part of the Company's
operations may be reopened at any time. We shall include salt
works employees in the vanadium mining and milling unit.
Housing department employees: The Company employs at Uravan
four employees whose duties are those of janitors in the administra-
tion buildings, the commissary, and employment office, and who also
maintain the yards around the plant, hospital, and housing facilities
for the men. There is also'a housekeeper who cleans the bunk houses
in which some of the salaried employees are housed. These em-
ployees are classified by the Company as the housing department
employees. Their work does not appear to be part of plant main-
tenance or production. We shall exclude housing department
employees.
The Egnar mine.: This mine involves the same type of operations
as the Company's other vanadium mines, and ore from this mine
is also transported to the Company's mill at Uravan. The mine is
located, however, approximately 75 miles south of Uravan, and no
means of passenger transportation, either public or furnished by the
UNITED STATES VANADIUM CORPORATION - 177
Company, is available. The record shows that because of their
inaccessibility, it would be extremely difficult for the employees of the
Egnar mine to be effectively represented by a representative of the
employees at Urav n. We shall therefore exclude the employees in
the Egnar mine.
We find that the following groups of the Company's employees
at its Uravan, Colorado, operations, constitute units appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act :
(1) All production and maintenance employees of the Company
at its coal mine located near Uravan, Colorado, excluding superin-
tendents, mine bosses, assistant mine bosses, face foremen, outside
foremen, weigh bosses, tipple bosses, coal inspectors, washery bosses,
boss drivers, night bosses, head carpenters, night watchmen, head elec-
tricians, head meohanicsi, barn bosses; clerks, and office employees,
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;
(2) All production and maintenance employees of the Company
in its Uravan, Colorado, vanadium mining and milling operations,
including employees in the mill, tailings plant, powerhouse, shop, salt
works, Club mine, Dolores mine, Long Park mine, and Monogram
mine, and road maintenance employees, but excluding office and
clerical employees, truck drivers, guards, watchmen, housing depart-
ment employees, employees in the coal mine, Grand Junction ware-
house, boarding house, hospital, engineering department, laboratory,
commissary, Club Ranch and Egnar mine, and all supervisory em-
ployees,--with authority to -hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively
recommend such action.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the questions concerning representation which
have arisen be resolved by elections by secret ballot among the em-
ployees in the appropriate units who were employed during the pay-
roll period immediately preceding the date of our Direction of
Elections herein, subject to the limitations and additions set forth
in the Direction.
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
178 DECISIONS , OF NATIONAL LABOR RELATIONS BOARD
tions Act, and pursuant to Article III, Section 9, 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 United States
Vanadium Corporation, Uravan, Colorado, -elections 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 Seventeenth Region, acting
in this matter as agent for the National Labor Relations Board, and
subject to Article III, Sections 10 and 11, of said Rules and Regula-
tions, among the employees in the units found appropriate in Section
IV, above, who were employed during the pay-roll period immedi-
ately 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 any 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 (1) whether or not the employees in the
coal mining unit desire to be represented by United Mine Workers of
America, District 15 and Local Union 8065, for the purposes of
collective bargaining; and (2) whether or not the employees in the
vanadium mining and milling unit desire to be represented by United
Mine Workers of America, District 50 and Local Union 12729, for
the purposes of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Elections.