Richard Ore Co.

In the Matter of RICHARD ORE COMPANY and RICHARD MINE EMPLOYEES UNION Case No. R-39296. Decided December 12, 1941 Jurisdiction : magnatite iron ore mining and milling industry. Investigation and Certification of Representatives : existence of question: re- fusal of Company to accord union recognition ; election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance employees of the Company, excluding employees on the confidential pay roll, ^strawbosses, clerical employees, and the safety engineer. Mr. John J. Cuneo, for the Board. King d Vogt, by Mr. Elmer S. King, of Morristown, N. J., for the Company., Mr. Harry A. Shuback, of Morristown, N. J., for the Independent. Samuel Rothbard, by Mr. Abraham L. Friedman, of Newark, N. J., for the International. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On September 2 and November 4, 1941, respectively, Richard Mine Employees Union, herein called the Independent, filed with the Re- gional Director for the Second Region (New York City) a petition and an amended petition alleging that a question affecting commerce, had arisen concerning the representation of employees of Richard Ore Company, Wharton, New Jersey, herein called the Company, and requesting an investigation and certification of representatives pur- suant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On October 30, 1941, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an in- vestigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. 37 N'. L. R. B., No 89. 544 RICHARD ORE COMPANY 545 On November 5, 19,411 the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company, the Inde- pendent, and upon International Union, Mine, Mill and Smelter Work- ers, herein called the International, a labor organization claiming to represent employees directly affected by the investigation. Pur- suant to notice, a hearing was held on November 17, 1941, at Dover, New Jersey, before A. Bruce Hunt, the Trial Examiner duly -desig- nated by the Chief Trial Examiner. The Board, the Company, the Independent, and the International were represented and participated in the hearing. Full opportunity to be heard, to examine and cross- examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Ex- aminer granted a motion of the Independent to amend the petition to set forth correctly the unit. During the course of the hearing the Trial Examiner made several rulings on other motions and on objec- tions to the admission of evidence. The Board has reviewed these rulings and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Richard Ore Company is a New Jersey corporation with its prin- cipal office and place of business at Wharton, New Jersey, where it is engaged in' the mining and milling of magnatite iron- ore. During the 3 months preceding November 17, 1941, the Company mined about 31,123 tons of magnatite iron ore, approximately all of which was shipped by it to points outside the State of New Jersey. The Com- pany admits that it is engaged in commerce within the meaning of the Act. II. THE ORGANIZATIONS INVOLVED Richard Mine Employees Union is an unaffiliated labor organization, admitting to membership employees of the Company. International Union, Mine, Mill and Smelter Workers is a labor organization affiliated with the Congress of Industrial Organizations. It admits to membership employees of the Company. 111. THE QUESTION CONCERNING REPRESENTATION On July 15, 1941, the Independent requested the Company to recog- nize it as the exclusive representative of its employees. The Company did not 'reply to this request. 'A statement of the Regional Director, 546 DECISIONS OF NATIONAL LABOR RELATIONS BOARD introduced in evidence at the hearing, shows that the Independent represents a substantial number of employees in the alleged appro- priate unit.' ' We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION i UPON COMMERCE We find that the question concerning representation which has ,arisen, occurring in connection with the operations of the Company described in Section I above, hasa close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT, The Independent and the International agree that all production and maintenance employees of the Company, excluding employees on the confidential pay roll, strawbosses, and clerical employees, consti- tute an appropriate unit. The Company took no position with respect to the unit. The only controversy with respect to the unit concerns the safety engineer. The .International urges that the safety engineer be excluded from the unit and the Independent that he be included. The Company took no position with respect to this employee. The safety engineer tours the premises of the Company and reports any dangerous con- ditions he might find directly to the superintendent. He has no right to hire or discharge any employees, 'but he may direct employees to remedy dangerous conditions. Under the circumstances, we find that the safety engineer should be, excluded from the unit. We find- that all production and, maintenance employees of the Company, excluding employees on the confidential pay roll, straw- bosses, clerical employees, and the safety engineer, constitute a unit appropriate for the, purposes of collective bargaining and that such unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise will effectuate the policies of the Act. 'The Regional Director reported that the Independent presented authorization cards and an authorization petition bcaiing the signatures of 145 persons whose names appear on the Company's pay roll of October 3, 1941 The Regional Director further reported that the International presented 351authorization cards hearing the signature's of persons who appear on the Company 's pay roll of October 3 , 1941 The Company employs approximately 160 employees. RICHARD ORE - COMPANY VI. THE DETERMINATION OF REPRESENTATIVES 547 We find that the question concerning representation which has arisen can best be resolved by the holding of an election by secret ballot. We shall direct that those eligible to vote in the election shall be the employees within 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 additions set forth in the Direction. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Richard Ore Company, Wharton, New Jersey, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production and maintenance employees of the Company, excluding employees on the confidential pay roll, strawbosses, clerical employees, and the safety engineer, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 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- tions Act, 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, is amended, it is hereby _ DIRECTED that, as part of the investigation. ordered by the Board to ascertain representatives for the purpose of collective bargaining with Richard Ore Company, Wharton, New Jersey, an election 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 supervision of the Regional Director for the Second Region, acting in this matter as agent for the National Labor Rela- [ions Board, and subject to Article III, Section 9, of said Rules and Regulations, among all production and maintenance employees of the Company who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United 548 DECISIONS OF NATIONAL LABOR RELATIONS BOARD States, or temporarily laid off, but excluding employees on the confi- dential pay roll, strawbosses, clerical employees, the safety engineer, and employees who have since quit or been discharged for cause, to determine whether they desire to be represented by Richard Mine Employees Union, or by International Union, Mine , Mill and Smelter Workers, affiliated with the Congress of,Industrial Organizations, 'for the purpose of collective bargaining , or by neither. ' In the Matter Of RICHARD ORE COMPANY and RICHARD MINE EMPLOYEES UNION Case No. R-3296 AMENDMENT TO DIRECTION OF ELECTION December 23, 1941 On December 12, 1941, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceeding.' The Board, having been advised that International Union, Mine, Mill and Smelter Workers, affiliated with the Congress of Industrial Organizations, is not desirous for its name to appear upon the ballot, hereby amends the Direction of Election by striking therefrom the- words "to determine whether they desire to be represented by Richard Mine Employees Union, or by International Union, Mine, Mill and Smelter Workers, affiliated with the Congress of Industrial Workers, for the purposes of collective bargaining , or by neither" and substi- tuting therefor the words "to determine whether or not they desire to be represented by Richard Mine Employees Union for the purposes of collective bargaining." 137 N. L. R. B., No. 89. 37 N. L. R. B., No. 89a. 549, 433257-42-voL. 37-36