Canisteo Mining Co.

National Labor Relations Board - Board Decisions

Feb 19, 1942

39 N.L.R.B. 8 (N.L.R.B. 1942)

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In the Matter of CANISTEO MINING COMPANY, MESABA-CLIFFS MINING
COMPANY, AND THE CLEVELAND-CLIFFS IRON COMPANY and LOCAL
UNION No. 2073, STEEL WORKERS ORGANIZING COMMITTEE, AFFILI-
ATED WITH THE C. I. O. ,
Case No. R-3473.-Decided February 19, 1942
Jurisdiction : ore mining industry.
Investigation and Certification of Representatives : existence of question: re-
fusal by Companies to accord recognition to either of rival unions until
certified by the Board ; election necessary.
Units Appropriate for Collective Bargaining : separate units: all production and
maintenance employees of the Companies at the mines, shops, plants, and
laboratory of the Canisteo Mine and at the mines, shops and plants of the
Hill-Trumbull and Holman-Cliffs Mines, excluding foremen, assistant foremen
who from time to time act as foremen, policemen and watchmen, and clerical
and office employees.
Definitions : Company operating mines as agent with control of employment and
labor relations held joint employer with other Companies.
Mr. Thomas F. Veach, of Cleveland, Ohio, and Mr. H. A. Dancer,
of Duluth, Minn., for the Companies.
Mr. John J. Brownlee, of Chicago, Ill., and Mr. Adron Coldiron,
of Hibbing, Minn., for the S. W. O. C.
Mr. Marshall Thornton, of Nashwauk , Minn., for the Union.
Mr. Max E. Halpern, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On September 24, 1941, Local Union No. 2073, Steel Workers
Organizing Committee, affiliated with the C. I. 0., herein called the
S. W. O. C., filed with the Regional Director for the Eighteenth
Region (Minneapolis, Minnesota) a petition alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Canisteo Mining Company, Duluth, Minnesota, and
Mesaba-Cliffs Mining Company, and The Cleveland-Cliffs Iron Com-
pany, both of Hibbing, Minnesota, herein called the Companies, and
39 N. L. R. B., No. 2.
8
CANISTEO MINING COMPANY
.9
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 November 21, 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 investigation and authorized the Regional Director to con-
duct it and to provide for an appropriate hearing upon due notice.
On January 13, 1942, the Regional Director issued a notice of
hearing, copies of which were duly served on the Companies and the
S. W. O. C. Pursuant to notice, a hearing was held on January 21,
1942, at Duluth, Minnesota, before Guy Farmer, the Trial Examiner
duly designated by the Chief Trial Examiner. At the hearing, upon
motion, American Union, Canisteo Mining Company, herein called
the Union, a labor organization claiming to represent certain of the
employees of Canisteo Mining Company, was granted leave to inter-
vene. The Companies and the Union were represented by counsel
and the S. W. O. C. by representatives, and all parties 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 Examiner made various rulings on motions and on objections to
the admission of evidence. The Board has reviewed the rulings of
the Trial Examiner and finds that no prejudicial errors were com-
mitted. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANIES
Canisteo Mining Company, a Minnesota corporation, has its office
and principal place of business in Duluth, Minnesota, and is engaged
in the production and sale of iron ore and iron ore concentrates.
It holds a lease on the Canisteo Mine, located at 'Coleraine, Minne-
sota, and operates the mine through The Cleveland-Cliffs Iron
Company, an Ohio corporation, with its principal office in Hibbing,
Minnesota, as agent. Between the spring of 1941 and the end of
October 1941, the Canisteo Mine produced and sold 555,000 tons of
iron ore and iron ore concentrates of a value in excess of $1,000,000.
All the mine output is sold f. o. b. at the mine, and is shipped by
rail to Duluth, Minnesota, and thence by boat to points outside the
State of Minnesota. In October 1941 approximately 130 persons
were employed at the Canisteo Mine.
10 DECISIONS OF' NATIONAL LABOR RELATIONS BOARD
IVlesaba-Cliffs Mining Company, a Minnesota corporation, has its
office and principal place of business at Hibbing, Minnesota, and is
engaged in the production, sale, and shipping of iron ore and iron
ore concentrates. It holds leases on the Holman-Cliffs Mine at
Taconite, Minnesota, and the Hill-Trumbull Mine at Marble, Minne-
sota, and operates said mines through The Cleveland-Cliffs Iron
Company as agent. Between the spring of 1941 and the end of
October 1941, both mines produced and shipped approximately
.2,000,000 tons of iron ore and iron ore concentrates of a value in
excess of $2,000,000. The whole output of these mines is shipped
by rail to Duluth, Minnesota, and thence by boat to points outside
the State. In October 1941 approximately 459 persons were
employed at these mines.
As noted the mines are leased respectively by Canisteo Mining
Company and Mesaba-Cliffs Mining Company and are operated by
them through The Cleveland-Cliffs Iron Company as agent. The
pay-roll checks are signed respectively by the lessee companies and
countersigned by The Cleveland-Cliffs Iron Company. Labor rela-
tions for all the employees at the mines are handled either by the
superintendents of the respective mines or by the district superin-
tendent of The Cleveland-Cliffs Iron Company. Upon the entire
record, we find that Canisteo Mining Company and The Cleveland-
Cliffs Iron Company are the employers and the joint employer of the
employees at the Canisteo Mine and that Mesaba-Cliffs Mining
Company and The Cleveland-Cliffs Iron Company are the employers
and the joint employer of the employees at the Hill-Trumbull and
Holman-Cliffs Mines.
II. THE ORGANIZATIONS INVOLVED
Steel Workers Organizing Committee is a labor organization
affiliated with the Congress of Industrial Organizations. It admits
to membership employees of the Companies.
American Union, Canisteo Mining Company, is an unaffiliated
labor organization. It admits to membership employees at the Can-
isteo Mine. -
III. THE QUESTIONS CONCERNING REPRESENTATION
The Companies are withholding recognition until the S. W. O. C.
or the Union is certified by the Board. The statement of the Re-
gional Director introduced in evidence at the hearing shows that
the S. W. O. C. has substantial representation among the employees
CANISTEO MINING COMPANY 11
of the Companies in the units hereinafter found to be appropriate.,,
At the hearing the Union introduced evidence showing that it has
substantial representation among the employees at the Canisteo Mine
in the unit hereinafter found to be appropriate.2
We find that questions have arisen concerning the representation
of employees of the Companies.
IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON
COMMERCE
We find that the questions concerning representation which have
arisen, occurring in connection with the operations of the Com-
panies described in Section I above, have a close, intimate, and
substantial relation to trade, traffic, and.commerce among the sev-
eral States and tend to lead to labor disputes burdening and
obstructing commerce and the free flow of commerce.
V. THE APPROPRIATE UNITS
The parties agree, and we find, that all production and main-
tenance employees at the mines, shops, plants, and laboratory, known
as the Canisteo Mine, and all, production and maintenance employees
at the mines, shops, and plants, known as the Hill-Trumbull and
Holman-Cliffs Mines, both units excluding foremen, assistant fore-
men who from time to time act as foremen, policemen and watchmen,
and clerical and office employees, constitute two separate units ap-
propriate for the purposes of collective bargaining. We find fur-
ther, that said units will insure to employees of the Companies the
full benefit of their right to self-organization and to collective
bargaining and will otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the questions concerning representation which have
arisen can best be resolved by, and we shall accordingly direct, elec-
tions by secret ballot among the employees within the respective
1 The Regional Director's statement shows that the S W O. C submitted 348 application
cards, 27 dated between May 1 and December 31, 1940, 36 dated between January 1 and
March 31, 1941, 177 dated between April 1 and June 30, 1941, 16 dated between July 1 and
August 31, 1941, and 66 undated; 68 cards bear the apparently original and genuine signa-
tures of persons whose names appeared on the October 1941 pay roll of the Canisteo Mine
which contained 117 employees in the alleged appropriate unit; 254 cards bear the appar-
ently original and genuine signatures of persons whose names appeared on the October 1941
pay rolls of the Holman-Cliffs and Hill-Trumbull Mines which contained 431 employees in
the alleged appropriate unit.
2 The Union submitted to the Trial Examiner 69 membership cards and one receipt for the
payment of dues; 58 cards bear the apparently genuine signatures of persons whose names
appeared on the Canisteo Mine pay roll of October 1-October 15, 1941, all except one bearing
dates between October 1941 and January 1942; 11 cards bear the names of persons not
appearing on the above pay roll or not included in the appropriate unit,
12 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
appropriate units employed during the pay-roll period immediately
preceding the Direction of Elections 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. Questions affecting commerce have arisen concerning the repre-
sentation of employees of Canisteo Mining Company, Duluth, Min-
nesota, and Mesaba-Cliffs Mining Company, and The Cleveland-
Cliffs Iron Company, Hibbing, Minnesota, 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 at'the mines, shops,
plants, and laboratory, known as the Canisteo Mine, and all produc-
tion and maintenance employees at'the mines, shops, and plants,
known as the Hill-Trumbull and Holman-Cliffs Mines, both units
excluding foremen and assistant foremen who from time to time
act as foremen, policemen and watchmen, and clerical and office
employees, constitute units appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9 (b) of the National
Labor Relations Act.
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, 49 Stat. 449, and pursuant to 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 authorized by the
Board to ascertain representatives for the purposes of collective bar-
gaining with Canisteo Mining Company, Duluth, Minnesota, and
Mesaba-Cliffs Mining Company, and The Cleveland-Cliffs Iron
Company, Hibbing, Minnesota, elections by secret ballot shall be
conducted as early as possible, but not later than thirty (30) days
from the date of this Direction of Elections under the direction and
supervision of the Regional Director for the Eighteenth 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 all production and, maintenance employees at
the mines, shops, plants, and laboratory, known as the Canisteo Mine,
and among all production and maintenance employees at the mines,
shops, and plants, known as the Hill-Trumbull and Holman-Cliffs
CANISTEO,MINING COMPANY 13
Mines, who were employed during the pay-roll" period immediately
preceding the date of this Direction of Elections, including em-
ployees 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 States, or temporarily laid off, but excluding from both
elections foremen and assistant foremen who from time to time act
as foremen, policemen and watchmen, clerical and office employees,
and employees who have since quit or been discharged for cause, to
determine whether the foregoing employees at the Canisteo Mine
desire to be represented by Local Union No. 2073, Steel Workers
Organizing 'Committee, affiliated with the Congress of Industrial
Organizations, or by American Union, Canisteo Mining Company,
for the purposes of collective bargaining, or by neither, and whether
or not the foregoing employees at the Hill-Trumbull and Holman-
Cliffs Mines desire to be represented by Local Union No. 2073 Steel
Workers Organizing Committee, affiliated with the Congress of In-
dustrial Organizations, for the purposes of collective bargaining.
CJAMMAN MiLLis took-no part in the consideration of the above
Decision and Direction of Elections.