Hillside Fluorspar Mines (keystone Mines) And District 50, United Mine Workers Of America, 295 (1942)

In the Matter of HILLSIDE FLUORSPAR MINES (KEYSTONE MINES) and DISTRICT 50, UNITED MINE WORKERS OF AMERICA Case No. R-4361.-Decided October 31, 1942 Jurisdiction: fluorspar mining industry.

Investigation and Certification of Representatives: existence of question: refusal to accord petitioner recognition; election necessary.

Unit Appropriate for Collective Bargaining: production and maintenance employees at one of the Company's operations, excluding supervisory and clerical employees and truck drivers; agreement as to.

Mr. John A. Moore, of Marion, Ky., for the Company.

Mr. David Hunter, of Marion, Ky., for the Union.

Miss Viola James, of counsel to the Board.

DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by District 50, United Mine Workers of America, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Hillside Fluorspar Mines (Keystone Mines),1 Marion, Kentucky, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Robert D. Malarney, Trial Examiner. Said hearing was held at Marion,

Kentucky, on October 8, 1942. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to examine 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.

Upon the entire record in the case, the Board makes the following:

FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Hillside Fluorspar Mines, an Illinois corporation with its home office in Chicago, owns among its properties the Keystone Mines,2 1 The petition was amended at the hearing to correct the name of the Company from 'Hillside Fluorspar Co.' to 'Hillside Fluorspar Mines (Keystone Mines).' SThe Keystone Mines employees, numbering approximately 90 persons, are the only employees involved herein.

at Marion, Kentucky. At this operation the Company is engaged in the mining of fluorspar, and during the last year has produced not less than 10,000 tons of fluorspar, all of which has moved in interstate commerce. The Company concedes, and we find, that it is engaged in commerce within the meaning of the National Labor Relations Act.

  1. THE ORGANIZATION INVOLVED District 50, United Mine Workers of America, is a labor organization admitting to membership employees of the...

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