Pickands, Mather & Co.

In the Matter of PICKANDS, MATHER' & COMPANY AND PENN IRON MINING COMPANY and LOCAL UNION 2547, UNITED STEELWORKERS OF AMERICA, C. I..0 Case No. R-4083.-Decided Augusts 26, 1942 " Jurisdiction : mining industry. Investigation and Certification of Representatives : existence of question: con- flicting claims of rival representatives; contract entered into with notice of rival, claim of representation and terminable either upon 20 days' notice or at expiration of a year, held no bar ; election necessary. Unit Appropriate for Collective Bargaining : all employees at two of Company's mines, excluding foremen, assistant foremen, supervisors in charge of any class of labor, policemen, watchmen, and clerical and salaried employees ; stipu- lation as to. Mr. Clarence A. Meter, for,the Board. Mr. Thomas F. Veach, of Cleveland, Ohio, for the Company. Mr. John J. Brownlee, of Chicago, Ill., and Mr. Frank Singleton, of Iron River, Mich., for the U. S. A. Mr. L. P. Fisher, of Iron River, Mich., for the Independent. Mr. Seymour Spelman, of counsel to the Board.. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE , Upon petition and amended petition duly filed by Local Union No. 2547, United Steelworkers of America, C., I. 0., herein called the U. S. A., alleging that a question affecting commerce had arisen con- cerning the representation of employees of Penn Iron Mining Com- pany, Norway, Michigan, and Pickands, Mather & Company, Duluth, Minnesota, herein collectively called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice, before Stephen M. Reynolds, Trial Examiner. Said hearing was held at Iron River, Michigan, on July 30, 1942. The Board, the U. S. A., and the Independent Mine Workers Union, herein called the Inde- pendent, 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. 43 N. L. R. B, No. 105. 684 PI'CKiANDS, MATHER & COMPANY .685 Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Penn Iron Mining Company, a corporation having its principal office at Norway, Michigan, and Pickands, Mather & Company,, a partnership having its principal office at Duluth, Minnesota, are engaged in the general business of mining iron ore. Two mines are involved in this proceeding, the Curry mine (including the Briar Hill mine) located. at Norway, Michigan, and the Central mine at Vulcan, Michigan. The Penn Company is the lessee of said mining properties, and the Pickands Company operates the mines under an arrangement with the said lessee. In 1941, the total production of iron, ore was 914,359 tons. During 1942, 778,700 tons of ore were mined on the said properties, and it is 'estimated that throughout 1942 approximately 841,300 tons will be shipped by rail and boat to lower' lake ports to be smelted. Most of these lower lake ports are outside the State of Michigan. Raw materials such as explosives and timber are purchased both from within and without the State of Michigan. H. THE ORGANIZATIONS INVOLVED . Local Union 2547, United Steelworkers of America, is a labor _organization affiliated with the Congress of Industrial Organizations, admitting-to membership employees of the Company. Independent Mine Workers Union is an unaffiliated labor organi- zation, admitting to membership employees of the Company. III. -THE' QUESTION CONCERNING REPRESENTATION During the last few months of 1941, the U. S. A., and the Inde- pendent conducted concurrent, organizational drives among . the employees of the Company. _ On or about, December 1, 1941, and again on January 13,' 1942, the U. S. A., at meetings; with the Company, claimed to represent a majority of the employees and requested the Company to negotiate. The Company refused on the ground that similar claims had been put forth by the Independent. , On January -13, 1942, the Company requested the U. S. A. to make proof of representation not later than, Monday, January ' 19, 1942. On January 22, having received no communication from, the U. S. A., the Company, entered into a sole bargaining contract with the Independent. 686 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Company 'and the Independent -contend that the existing-con- tract is a bar to this proceeding. They argue that prima facie proof of majority membership made by the Independent to the Company, and the failure of the U. S. A. to make a similar showing by January 19, 1942, justified the consummation of the agreement. The Com- pany maintains- further that the delay on the part of the U. S. A. in filing,the present petition constitutes lathes which forecloses it from raising a question of representation at this time. The -U. S. A. takes the position that the contract is no bar because it was entered into, prematurely when the Company had notice of the conflicting claims of the two labor organizations. The U. S. A. disputes • the charge of lathes by pointing out that it filed charges with the Board against the Company before and immediately follow- ing the execution of the present contract.,. ' Although the basic period in the contract between the- Company and the Independent is 1 year, it is terminable at any time by either party, on 20 ' days' notice and was entered into with notice of the contesting. claims of the U. S. A. In view of these circumstances, we find that the contract does not constitute a bar to a determination of representatives at this time.2 I A statement of the Trial Examiner, introduced in evidence at the hearing, shows that both unions represent a substantial number of employees in the unit hereinafter found appropriate."- . We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the meaning of Section 9 .(c) and Section.2, (6) and (7)` of the National Labor Relations Act. On December 12, 1941, the U. S. A. filed charges of unfair labor practices within the meaning of Section 8 (1), '(2), and (3) of the Act , against the Company. These were withdrawn on December'29, 1941. Shortly after the execution of the contract, on Febru- ary 16, 1942, the U. S A. again filed charges against the Company with the Board These were not withdrawn until;June 4, 1942, just preceding the:filing of the-present petition on June 6,.1942. •s • a See 'Matter of Boston Store"df Chicago, Inc. and Department Store Employees; Union Local No. 291 of Chicago, Illinois, C. I. 0., 37 N. L. R. B.- 1140 also Matter of General Motors Corp., Frigidaire Division and United Electrical, Radio d Machine Workers of America, 0.'I. 01, 37'N L. R, B.'616.' Cf. -Matter of Win. Senn, et al.' and International Union, United Automobile Workers of America, 0. 1. 0., 30 N. L. H_.B '663. . The Trial Examiner reported that the U. S. A. submitted 317 application cards, all bearing apparently genuine, original 'signatures . Eighty-two of these cards were-undated, and the remaining 235 bore dates between August' 1, 1941, and June 6, 1942. Of''tlie cards 249 bore names of employees on the Company' s pay roll of June 30, 1942, which contained approximately 500 names of employees' in the unit hereinafter found iappro- priate. The Independent-submitted application cards and petitions bearing a total of, 281 signatures, all of which are apparently genuine, originals. Except for 76 undated cards, -all bear dates in'October and November' 1941. A spot check of a' representative member of these signatures indicates1thatapproximately the same 'percentage of these signatures corresponds with names of employees on, the pay roll of the Company for June 30, 1942, in the appropriate unit as in 'the case of the cards submitted by the U. S. *A. PICKAND'S, MATHER & COMPANY 687 IV. THE APPROPRIATE UNIT ' We find, in accordance with a stipulation of the parties, that all employees of the Company at its Curry mine (including the. Briar Hill mine) located at Norway, Michigan, and the Central mine; located at Vulcan, Michigan, excluding foremen, assistant foremen, supervisors in charge of any class of labor, policemen, watchmen, clerical and salaried employees, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section' 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We find- that the question concerning representation which has arisen can best be resolved by an election by secret ballot. , In - ac- cordance with a stipulation of the parties, we find that any employee carried on the pay roll as a relief' plan participant should, not, be permitted to vote in the election,-unless he was employed and actually working during the pay-roll period hereinafter designated for the purpose of determining eligibility. The parties disagreed with respect 'to the eligibility`-'of the •so- called probationary employees. For the purposes of this case, probationary employees can be 'divided into two categories. One group includes approximately 35 "extra" men hired for '2 or 3 months each summer to perform'steam shovel and repair work., We find that any of this group who was employed during the' pay-roll, period hereinafter designated for the purposes of, determining eligibility should be permitted to vote in the election. The other category of probationaries is composed of employees recently'hired to handle increased war production.' We find that any of such probationary employees who were employed during the pay- roll period hereinafter designated for the purpose of determining eligibility should be permitted to' vote in the election. We shall direct that the employees of the Company eligible to vote shall be those in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the limitations and conditions set forth in the Direction. DIRECTION OF ELECTION ' By virtue of and pursuant to-the power vested in. the National Labor Relations `Board by Section 9 (c) of the National Labor Rela- * See Matter of Nineteen Hundred Corporation and, United Electrical, Radio and Ma- chine Workers of America, C. I. 0., 32 N. L. R. B. 327. . l 688 DECISIONS , OF'NATIONAL LABOR RELATIONS BOARD tions Act, and pursuant Ito Article III, Section 8, 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 Penn Iron Mining Company, Norway, Michigan, and Pickands, Mather & Company, Duluth, Minnesota, an election° by secret -ballot shall be conducted as early as possible but not later than 30 days from the date of this Direction, under the direction and supervision of the Regional Direc- tor for the_ Twelfth Region, acting in this matter as - agent for the National Labor Relations Board, and subject to Article III, Section 9, of 'said Rules and Regulations, among the employees in the unit found appropriate in Section IV above, who were employed during the pay- roll period immediately preceding the date of this Direction, includ- ing any such employees who did not work during said pay-roll period because they, were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but exclud- ing any who have since quit or been discharged for cause, to determine whether they desi"re to be represented by Local Union No. 2547, United Steelworkers of . America, q., I. 0., or by Independent, Mine Workers Union, for the purposes of collective bargaining, or by neither. CHAIRMAN Mr rs took no part in the consideration of the above Decision and Direction of Election.,