West Virginia Coal & Coke Corp.

National Labor Relations Board - Board Decisions

Sep 1, 1944

58 N.L.R.B. 1 (N.L.R.B. 1944)

In the Matter Of JUNIOR MERCANTILE STORES DIVISION, WEST VIRGINIA
COAL & COKE CORPORATION and UNITED CONSTRUCTION WORKERS,
AFFILIATED WITH UNITED MINE WORKERS OF AMERICA
Case No. 9-R-1418.-Decided September 1, 1944
Mr. K. W. Starr, of Omar, W. Va., and Mr. Charles L. Estep, of
Logan, W. Va., for the Company.
Messrs. Luke Brett and George Gilbert, of Beckley, W. Va., and
Dlr. Charles Van Bibber, of Logan, W. Va., for the U. C. W.
Mr. S. W. Woody and Mrs. Winne Holley, of Logan; W. Va.; and
Mr. Carey A. Williams, of Olnar, W. Va., for the A. F. L.
Mr. William R. Cameron, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon a petition duly filed by United Construction Workers, affili-
ated with United Mine Workers of America, herein called the U. C. W.,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Junior Mercantile Stores Division,
West Virginia Coal & Coke Corporation, Omar, West Virginia,' herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Melton Boyd, Trial
Examiner. Said hearing was held at Logan, West Virginia, on July
12, 1944. The Company, the U. C. W., Local No. 869, Retail Clerks
International Protective Association, herein called Local 869, Logan
County Central Labor Council, and West Virginia State Federation of
Labor, the latter three organizations being affiliated with the American
Federation of Labor and jointly herein called the A. F. L., appeared
and participated. All parties were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to, introduce evi-
dence 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 an opportunity to file briefs with the Board.
i The name of the Company thus appears as corrected by a stipulation entered into by
the parties at the hearing. -
58 N. L . R. B., No. 1.
609591--45-vol . 58--2 1
2 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
Junior Mercantile Stores Division is the trade name of a division
of West Virginia Coal & Coke Corporation, a West Virginia corpora-
tion, which has its principal offices at Omar, West Virginia. In addi-
tion to its mines, in the vicinity of Omar and in the vicinity of Elkins,
West Virginia, the Company operates a department store, service
station, club house and hostelry, and restaurant, at Omar; a depart-
ment store, restaurant, and service station, at Stirrat, West Virginia;
a general merchandise store and a merchandise warehouse at Bar-
nabus, West Virginia; and general merchandise stores at Earling,
Micco, Chauncey, Pine Creek, and Rossmore, West Virginia. All the
foregoing establishments are located in the vicinity of Omar, and
are the only ones involved in this proceeding. The Company also
operates a general merchandise store, service station, and restaurant
at Norton, and a general merchandise store, and service station at
Junior, West Virginia, all located in the vicinity of the Company's
Elkins, West Virginia, operations, approximately 240 to 250 miles
distant from Omar, West Virginia, and not here involved.
The Company is engaged principally in coal mining operations in
the vicinity of Logan and in the vicinity of Elkins, West Virginia,
.The enterprises set forth above are incidental to its coal mining oper-
ations. Production, purchases and sales in the current calendar year
are substantially proportionate to those in 1943, during which period
the Company purchased merchandise and commodities for resale
amounting in value to more than $700,000, and materials for use in
mining operations amounting in value to more than $10,000, of which
approximately 70 percent was shipped to the Company by common
carrier from sources outside the State of West Virginia. During
1943, the Company's retail sales of merchandise and other commodities
amounted in value to more than $900,000, none of which was destined
for delivery by common carriers to points outside the State of West
Virginia, and the Company's sales of coal amounted in volume to
more than 3,000,000 tons, all of which was- destined for delivery by
common carrier to points outside the State. In its mining operations,
the Company is engaged in the production of coal used directly in
the manufacture and transportation of essential military equipment.
The Company employs approximately 2,800 employees in its mining
operations and approximately 125 'employees in the merchandising
and service enterprises described above.
WEST VIRGINIA COAL & COKE CORPORATION 3
The Company concedes that insofar as the production, sale, and
shipment of coal are concerned, it is engaged in interstate commerce,
but denies that it is engaged in interstate commerce in the operation
of its Junior Mercantile Stores Division. However, we find, upon
the basis of the facts above set forth, that in the operation of its
Junior Mercantile Stores Division the Company is also engaged in
commerce within the meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
United Construction Workers is a labor organization affiliated with
the United Mine Workers of America, admitting to membership
employees of the Company.
Local No. 869, Retail Clerks International Protective Association,
is a labor organization affiliated with the American Federation of
Labor, admitting to membership employees of the Company.
III. THE ALLEGED QUESTION CONCERNING REPRESENTATION
On or about March 24, 1944, the U. C. W. requested the Company to
recognize. it as collective bargaining representative of the employees in
the stores division. The Company refused to grant such recognition
because of its contract with Local 869.
In March of 1943, Local 869 entered into a written contract with the
Company for a term beginning April 1, 1943, and extending until April
1, 1945. Local 869 contends that this contract is presently in effect and
constitutes a bar to a determination of representatives. The U. C. W.
contends that Local 869 is no longer a functioning labor organization,
is not administering the contract, and that therefore the contract is not
a bar to an election. The record, however, discloses that Local 869 is
a duly chartered local of the international organization with which it is
affiliated, and that since 1935 it has been in contractual relationship
with the Company, each of its contracts being for a 2-year period, and
of concurrent duration with the contract then in effect between the
Company and the representatives of its mining employees. The pres-
ent officers of Local 869 consist of a president, recording and financial
secretary, and a treasurer, who together handle grievances with the
Company on behalf of the employees. The local continues to hold
meetings, and dues are checked off by the Company for approximately
35 percent of its regular store employees under authorizations made
pursuant to a check-off provision in the contract. The evidence indi-
cates that both parties continue to observe,the terms of the contract.
Viewing the record as a whole, we do not find any substantial evidence
such as would warrant departure in the instant case from our estab-
4 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
lished principle that a contract of reasonable duration constitutes a.
bar to a determination of representatives during its term.2 Inasmuch
as approximately 7 months remain of the unexpired term of the con-
tract between the Company and Local 869, we find that it constitutes
a bar to a determination of representatives at this time. We find, ac-
cordingly, that no question has arisen concerning the representation of
employees of the Company.
ORDER
Upon the basis of the above findings of fact, the National Labor
Relations Board hereby orders that the petition for investigation and
certification of representatives of employees of Junior Mercantile
Stores Division, West Virginia Coal & Coke Corporation, Omar, West.
Virginia, filed by United Construction Workers, affiliated with United
Mine Workers of America, be, and it hereby is, dismissed.
CHAIRMAN MILLIS took no part in the consideration of -the above
Decision and Order.
2 See Matter of Owens -Illinois Pacific Coast Co, 36 N. L. It. B. 990; Matter of Great:
Lakes Carbon Corporation , ' 44 N. L. R B. 70.