Cleveland Cliffs Iron Co.

National Labor Relations Board - Board Decisions

Aug 30, 1945

63 N.L.R.B. 674 (N.L.R.B. 1945)

In the Matter Of CLEVELAND CLIFFS IRON COMPANY (MARINE DEPART-
MENT ) and NATIONAL MARITIME UNION OF AliEPIOA (C. I. 0.)
Case No. 8-R-1869.-Decided A ugust 30, 1945
Duncan, Leckie, McCreary, Schlitz c>n Hinslea, by Mr. Lucian Y.
Ray, of Cleveland, Ohio, for the Company.
Mr. William L. Standard, by Mr. Herman Rosenfeld, of New York
City, for the CIO. .
Mr. Stanley Wares, of Cleveland, Ohio, for the AFL.
Mr. Meyer A. Cook, of Cleveland. Ohio, for the Lake Sailors' Union.
Cllr. Nathan Saks, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by National Maritime Union of America.
(C. I. 0.), herein called the CIO, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Cleveland Cliffs Iron Company (Marine Department), Cleveland,
Ohio, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Arthur
Stark, Trial Examiner. The hearing was held at Cleveland, Ohio, on
July 19, 1945. The Company, the CIO, and Seafarers' International
Union of North America, Great Lakes District (AFL), herein called
the AFL, appeared, participated, and were afforded full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues. Since it received no notice of the
bearing, Lake Sailors' Union, herein called the Lake Sailors, did not
appear at the hearing. On July 21, 1945, the Lake Sailors filed a
motion to intervene with the Board on the ground that it had substan-
tial representation in the alleged appropriate unit. For the reasons
set forth in Section III, infra, the motion is hereby granted. The
Trial Examiner's rulings made at the hearing are free from prejudicial
error and are hereby affirmed. All parties were afforded an oppor-
tunity to file briefs with the Board.
63 N L R. B., No. 102.
674
CLEVELAND CLIFFS IRON COMPANY 675
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Cleveland Cliffs Iron Company, an Ohio corporation with its prin-
cipal offices in Cleveland, Ohio, is engaged in the transportation of
bulk cargoes on the Great Lakes and tributary waters. During the
period from May 1, to December 1, 1944, the Company transported
approximately 5,000,000 tons of bulk cargo between various ports on
the Great Lakes.
The Company admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS IN\ OLVED
National Maritime Union of America, affiliated with the Congress
of Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
Seafarers' International Union of North America, Great Lakes Dis-
trict, affiliated with the American Federation of Labor, is a labor
organization admitting to membership employees of the Company.
Lake Sailors' Union is an unaffiliated labor organization admitting
to membership employees of the Company.
111. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the CIO as the
exclusive bargaining representative of certain of its employees until
the CIO has been certified by the Board in an appropriate unit.
At the hearing, the Company contended that the Board should not
direct an election at this time because only 9 months have elapsed since
a prior election was conducted in the alleged appropriate unit.' The
Company argues that, in the absence of a showing by the CIO that it
represents a majority of the employees in the unit sought, a second
election should not be directed until a year has elapsed. We do not
agree. We have held that we will not proceed with an investigation
of representatives on the basis of a new petition by the same labor
organization filed within less than a year after an inconclusive election,
unless it makes such a showing of interest on the second occasion as to
indicate a renewal and extension of organizational activity since the
1 On October 3, 1944, the Boaid issued a Decision and Direction of Election in the Mattel
of Cleveland Cliffs Iron Company (Marine Department), 58 N I, R B 708, wherein it
directed an election among the eniplo^eec in the unit sought beiein Pursuant to the
Board's direction, an election was conducted which zesulted in the flisinissal of the petition
because the CIO, which Alas the only union on the ballot, failed to secure a majority of the
votes cast.
662514-46-vol 63-44
676 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
prior election.2 In this proceeding, a statement of a Board agent,
introduced into evidence at the hearing, indicates that the CIO not
only represents a substantial number of employees in the unit herein-
after found appropriate,3 but also has obtained all its employee desig-
nations since the prior election. Although the CIO's showing of
representation is numerically less than it was in the prior proceeding,
its present showing represents a larger percentage of the Company's
total complement of employees than did its showing in the earlier case 4
Moreover, there has been a 50 percent per month turn-over in company
personnel since the last election. In view of these facts, we are of the
opinion that the CIO's present showing of interest indicates that it has
renewed and extended its organizational efforts since the prior election.
Accordingly, we find that no bar exists to an election at this time. The
balloting will not take place until 11 months after the originnl`electioil.
As stated above, since it received no notice of the hearing, the Lake
Sailors did not intervene at the hearing. On July 21, 1945, it filed
a motion to intervene with the Board on the ground that it had sub-
stantial representation in'the alleged appropriate unit, and requested
that its name be placed on the ballot in the event that an election is
directed among the employees in the unit sought. Subsequently, the
CIO filed papers in the nature of a motion in opposition to the Lake
Sailors going on the ballot, contending that the motion to intervene
is not timely, and that the Lake Sailors is not a bona fide labor organiza-
tion. Thereafter the Lake Sailors filled a memorandum in answer
thereto. We find the CIO's contention to be without merit. With
respect to the timeliness of the Lake Sailors' motion, we have held that
the privilege of intervening in a representation proceeding after the
close of the hearing should be extended to organizations which estab-
lish that, as of the time of the hearing, they had such a representative
interest in employees affected by the investigation as to have been
entitled to notice thereof. The Regional Director reported that the
Lake Sailors submitted 4 petitions bearing signatures of employees of
the Company, on each of which the signatories designated the Lake
Sailors as their bargaining representative and asserted their member-
ship in that organization; that the petitions were dated June 28, July
11, July 18, and July 27, 1945, and contained 28, 18, 19, and 5 signa-
tures, respectively. It thus appears that the Lake Sailors had a
2 See Hatter of World Publishing Company, 63 N L R B 462
3 The Field Examiner reported that the CIO submitted 837 authorization cards . that
the names of 203 persons appearing on the cards were listed on the Compan }'s pay roll of
June 15 , 1945, which contained the names of 590 employees in the alleged appropriate
unit; and that all 203 cards were dated between April and June 1945
The Field Examiner reported that the AFL submitted as proof of its interest 79 author-
ization cards , that the names of 6 persons appearing on the cards were listed on the same
pay roll , and that the 6 cards were dated June 1945
4 The showing in the prior case was 216 in a unit of approximately 685 employees, while
the showing in the instant case is ':03 in a unit of approximately 590 employees.
CLEVELAND CLIFFS IRON COMPANY 677
representative interest among the employees in the unit hereinafter
found appropriate as of the time of the hearing.
With respect to the contention that the Lake Sailors is not a bona
fide labor organization, we are unable to conclude on the basis of the
CIO's motion, which is unsupported by any evidence, that the Lake
Sailors is unqualified to represent the Company 's employees . Section
2 (5) of the Act provides that, "The term `labor organization' means
any organization of any kind, or any agency or employee representa-
tion committee or plan, in which employees participate and which
exists for the purpose, in whole or in part, of dealing with employers
concerning grievances, labor disputes, wages, rates of pay, hours of
employment, or conditions of work." Because the petitions adduced
by the Lake Sailors show that it exists for the purposes set forth in
the foregoing definition, we find that it is a labor organization within
the meaning of the Act. Accordingly, inasmuch as the Lake Sailors
had a representative interest among the employees at the time of the
hearing, and received no notice of the hearing, we shall dismiss the
CIO's motion to deny the intervention of the Lake Sailors, and shall
grant the Lake Sailors' motion to intervene and accord it a place on the
ballot.
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 Act.
IV. TI-fE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties at the hear-
ing, that all unlicensed personnel on all vessels operated by the Com-
pany, excluding all supervisory employees with authority to hire,
promote, discharge , discipline , or otherwise effect changes in the status
of employees , or effectively recommend such action, constitute a unit
appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.
V. THE DETERMINATION oii REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees 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 additions 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 Relations Act,
678 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Cleveland Cliffs
Iron Company (Marine Department), Cleveland, Ohio, 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 direc-
tion and supervision of the Regional Director for the Eighth Region,
acting in this matter as agent for the National Labor Relations Board,
and subject to Article III, Sections 10 and 11, of said Rules and Regu-
lations, among the employees in the unit found appropriate in Sec-
tion IV, above, who were employed during the pay-roll period im-
mediately preceding the date of this Direction, including employees
who did not work during the said pay-roll period because they were
ill or on vacation or temporarily laid off, and including employees in
the armed forces of the United States who present themselves in
person at the polls, but excluding those employees who have since quit
or been discharged for cause and have not been rehired or reinstated
prior to the date of the election, to determine whether they desire to
be represented by National Maritime Union of America, affiliated
with the Congress of Industrial Organizations, by Seafarers' Interna-
tional Union of North America, Great Lakes District, affiliated with
the American Federation of Labor, or by Lake Sailors' Union, for the
purposes of collective bargaining, or by none of these 'organizations.