Representative (mining)

Kuxschein from the trade union "Deutsche Nickel-Gesellschaft" dated June 28, 1900 with an idealized depiction of mining in the Wehratal and the signatures of the mining board.

In mining, a representative is the elected legal representative of a union . The representative represents the union vis-à-vis the authorities and in all judicial and extrajudicial matters. The representative is an organ of the union within the meaning of the BGB . Instead of a single representative, a pit board of several people can be appointed. The number of board members on the mine board is limited to five.

Basics and history

With the entry into force of the Co- Owners Act, parts of the management of their mines that were previously reserved for the mining officials changed for the owners of private mines . From now on the representation of the trade unions was regulated by law. The trades now had to independently create the operating plans and submit them to the mining authority. Due to the new legal situation, the trades were now obliged to appoint an authorized representative to represent the trade union in front of the mining office and in court. This authorized representative could be a single person or a pit board consisting of up to five members. According to the provisions of the Co-Ownership Act, the representative was the general representative of the union. With the entry into force of the general mining law this was changed and he was no longer the representative of the union, but its legal representative in all legal matters. The representative was also not a supervisor within the meaning of the mining law. The representatives in the quorum trade union assembly were elected with an absolute majority of votes. Both trades and non-trades could be elected to represent or join the mine board. However, only fully capable and legally competent persons could be elected. Minors or persons under guardianship could not be elected . If a pit board was elected instead of a single representative, a member of the pit board could be elected as the pit board representative. The representative had to live in Germany and be reported by name to the mining authority . If a union failed to elect a representative, the Mining Authority was entitled to request the unions to elect a representative within a period of three months. After the deadline, the mining authority was entitled to appoint an interim representative, whom the union had to pay appropriately.

Duties and powers

The representative or the mine director convenes the annual trade union meeting. To this end, he is required by law when the owners or 25% of Kuxinhaber demand. At the trade assembly he had to present the trades with a fully documented administrative invoice. The representative was tasked with doing legal transactions on behalf of the union. He had to keep the trade book and issue Kuxscheine. He was also responsible for keeping the business books and, if the union was entered in the commercial register, he also had to keep the trading books and draw up the balance sheet . The representative is obliged to present the books to each trade upon request. He is entitled and obliged to receive notifications and summons to the union. If a mine committee existed and this had not elected a mine committee representative, notifications could be made to each member. The representative is not personally liable for any transactions he or she enters into on behalf of the union. If he has negligently or deliberately exceeded his powers , he can be held liable for any damage caused. Since the representative was not a supervisor, he was also not authorized to give direct instructions that interfered with the immediate operation. Only the operator or his subordinate supervisors were authorized to do this.

Expansion and restriction of skills

The skills of the representative could be generally restricted or expanded by the trade union assembly. However, these changes in his powers had to be noted in his legitimation. A withdrawal of competence during negotiations with the mining authority or the miners' association or other institutes was not permitted. For certain actions the representative needed a special power of attorney from the trade assembly. A special power of attorney was required for actions in which a three-quarters majority of all Kux shares or unanimity of all trades was required. These were actions that concerned the substance of the mine or when the trades should withhold additional fees.

Individual evidence

↑ ^a ^b ^c ^d Heinrich Veith: German mountain dictionary with evidence. Published by Wilhelm Gottlieb Korn, Breslau 1871.
↑ ^a ^b ^c ^d R. Klostermann: Textbook of the Prussian Mining Law, with consideration of the other German mining rights. Published by J. Guttentag, Berlin 1871, pp. 245-251.
↑ ^a ^b ^c ^d ^e Explanatory dictionary of the technical terms and foreign words that occur in the mining industry, in metallurgy and in salt works, and technical art expressions that occur in salt works. Falkenberg'schen Buchhandlung publishing house, Burgsteinfurt 1869.
↑ ^a ^b ^c ^d ^e ^f ^g ^h ⁱ ^j R. Willecke, G. Turner: Grundriß des Bergrechts. 2. revised and expanded edition, Springer-Verlag Berlin-Heidelberg-New York, Berlin 1970, pp. 17, 107–110, 116–118.
^ Association for Mining Interests in the Upper Mining District Dortmund (ed.): Economic development of the Lower Rhine-Westphalian coal mining in the second half of the 19th century. First part, Springer Verlag, Berlin / Heidelberg 1904, pp. 23, 29–33.
↑ ^a ^b ^c ^d ^e ^f ^g ^h Adolf Arndt, Kuno Frankenstein (Ed.): Handbook and textbook of political science in independent volumes. First Department of Economics XI. Volume mining and mining policy, Verlag von CL Hirschfeld, Leipzig 1894, pp. 63–65.
↑ ^a ^b ^c ^d ^e ^f Th. F. Oppenhoff: The general mining law for the Prussian states, with constant comparison of its text with those of the Brunswick, Meiningen, Gotha and Bavarian mining law. Printed and published by Georg Reimer, Berlin 1870, pp. 150–174.
↑ ^a ^b The mining law of March 20, 1869 for the Kingdom of Bavaria and the law on the taxes from the mines . In addition to a subject index, printing and publishing company of the Stabel'schen Buch- und Kunsthandlung, Würzburg 1869, pp. 29–33.
↑ E. Müller: About the responsibility of the senior officials of a mine from §§. 73 to 76 of the General Mining Act and §. 151, Paragraph 1 of the Reich Trade Regulations. In: Glückauf, Berg- und Hüttenmännische Wochenschrift. Association for Mining Interests in the Oberbergamtsgebiet Dortmund (Ed.), No. 2, XXXVII. Volume, January 12, 1901, pp. 21-25.

Remarks

↑ ^a ^b There were no differences in rights and duties between the representative and the mine director. (Source: R. Willecke, G. Turner: Grundriß des Bergrechts. )
↑ Domestic residence was only compulsory for the representative. In the case of a mine director, only one director had to live in Germany. (Source: R. Klostermann: Textbook of Prussian Mining Law, taking into account the other German mining rights .)
↑ However, these measures were only permitted if the appointment of a representative was necessary for public or police reasons. (Source: R. Willecke, G. Turner: Grundriß des Bergrechts. )

[Quelle_1-1] Heinrich Veith: German mountain dictionary with evidence. Published by Wilhelm Gottlieb Korn, Breslau 1871.

[Quelle_6-2] R. Klostermann: Textbook of the Prussian Mining Law, with consideration of the other German mining rights. Published by J. Guttentag, Berlin 1871, pp. 245-251.

[Quelle_2-3] Explanatory dictionary of the technical terms and foreign words that occur in the mining industry, in metallurgy and in salt works, and technical art expressions that occur in salt works. Falkenberg'schen Buchhandlung publishing house, Burgsteinfurt 1869.

[Quelle_5-4] ↑ ^a ^b ^c ^d ^e ^f ^g ^h ⁱ ^j R. Willecke, G. Turner: Grundriß des Bergrechts. 2. revised and expanded edition, Springer-Verlag Berlin-Heidelberg-New York, Berlin 1970, pp. 17, 107–110, 116–118.

[Quelle_3-6] Association for Mining Interests in the Upper Mining District Dortmund (ed.): Economic development of the Lower Rhine-Westphalian coal mining in the second half of the 19th century. First part, Springer Verlag, Berlin / Heidelberg 1904, pp. 23, 29–33.

[Quelle_4-7] ↑ ^a ^b ^c ^d ^e ^f ^g ^h Adolf Arndt, Kuno Frankenstein (Ed.): Handbook and textbook of political science in independent volumes. First Department of Economics XI. Volume mining and mining policy, Verlag von CL Hirschfeld, Leipzig 1894, pp. 63–65.

[Quelle_7-8] ↑ ^a ^b ^c ^d ^e ^f Th. F. Oppenhoff: The general mining law for the Prussian states, with constant comparison of its text with those of the Brunswick, Meiningen, Gotha and Bavarian mining law. Printed and published by Georg Reimer, Berlin 1870, pp. 150–174.

[Quelle_8-11] The mining law of March 20, 1869 for the Kingdom of Bavaria and the law on the taxes from the mines . In addition to a subject index, printing and publishing company of the Stabel'schen Buch- und Kunsthandlung, Würzburg 1869, pp. 29–33.

[Quelle_9-12] E. Müller: About the responsibility of the senior officials of a mine from §§. 73 to 76 of the General Mining Act and §. 151, Paragraph 1 of the Reich Trade Regulations. In: Glückauf, Berg- und Hüttenmännische Wochenschrift. Association for Mining Interests in the Oberbergamtsgebiet Dortmund (Ed.), No. 2, XXXVII. Volume, January 12, 1901, pp. 21-25.

[Anm._Will.-5] There were no differences in rights and duties between the representative and the mine director. (Source: R. Willecke, G. Turner: Grundriß des Bergrechts. )

[Anm._Klost.-9] Domestic residence was only compulsory for the representative. In the case of a mine director, only one director had to live in Germany. (Source: R. Klostermann: Textbook of Prussian Mining Law, taking into account the other German mining rights .)

[Anm._Will_2.-10] However, these measures were only permitted if the appointment of a representative was necessary for public or police reasons. (Source: R. Willecke, G. Turner: Grundriß des Bergrechts. )