Cleveland Cliffs Iron Co.

National Labor Relations Board - Board Decisions

May 17, 1946

68 N.L.R.B. 109 (N.L.R.B. 1946)

In the Matter of CLEVELAND CLIFFS IRON COMPANY MARINE DEPART-
MENT) and NATIONAL MARITIME UNION OF AMERICA (C. I. 0.)
Case No. 8-R-1869
SUPPLEMENTAL DECISION
AND
SECOND DIRECTION OF ELECTION
May 17, 1946
On August 30, 1945, the Board issued a Decision and Direction of
Election in the above-entitled proceeding,' in which it directed that an
election be conducted among all unlicensed personnel on all vessels
operated by the Company, who were employed during the pay-roll period
immediately preceding the date of the Direction of Election to determine
whether they desired to be represented by National Maritime Union of
America, affiliated with the Congress of Industrial Organizations, herein
called the CIO, by Seafarers' International 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. On September 18, 1945, pursuant
to a stipulation of the parties, the Board issued an order changing the
pay roll to be used in the election to the pay roll for the period August
16 through August 31, 1945. On October 1, 1945, an election was con-
ducted, but since none of the choices on the ballot received a majority
of the valid votes cast, the results of the election were inconclusive
and indicated the necessity of a run-off election between the CIO
and Lake Sailors' Union. Thereafter, on October 1, 1945, Lake Sailors'
Union filed a motion requesting that an immediate run-off election be
held. However, the CIO on October 5, 1945, filed objections to the
conduct of the election, and because of the pendency of the objections,
the Board on October 19, 1945, denied the motion of Lake Sailors'
Union for an immediate run-off election. Due to unavoidable causes, the
1945 sailing season on the Great Lakes closed before ipvestigation of
the objections was completed.2 Thereafter, on February 4, 1946, the
1 63 N. L. R. B 674.
3 The Company is engaged in the transportation of bulk cargoes on the Great Lakes and
tributary waters. The normal season of navigation on the Great Lakes is from April 15 to
November 15.
68 N L. R. B , No. 15.
109
110 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
CIO requested the withdrawal of its still pending objections, but because
the 1945 sailing season had already closed with the attendant customary
discharge of the Company's employees, it was impossible to conduct a
run-off election at that time.
Preparations for the 1946 navigation season are now in progress,
and issues have arisen between the parties (1) as to the appropriate pay
roll to be used in conducting the run-off election requested by Lake
Sailors' Union, and (2) as to the choices to be placed on the ballot in
such an election. The CIO urges that the Board depart from its usual
policy and change the eligibility date from the pay-roll period used in
the original election to the pay-roll period immediately preceding the date
of the run-off election, pointing to the customary large turn-over of
personnel that takes place from one season to another in the Great Lakes
navigation industry. Lake Sailors' Union insists that the Board adhere
to its customary policy of using the same pay-roll period used in the
original election. The Company, while not opposing the use of the
pay-roll period used in the original election, contends that in the event
the Board accedes to the demand of the CIO for the use of a current
pay roll, a "neither" choice should be placed on the ballot, because many
of the employees voting will be newly hired. Both the CIO and Lake
Sailors' Union, however, are opposed to having any choice on the ballot
other than the CIO and Lake Sailors' Union.
Inasmuch as approximately 7 months have elapsed since the date
of the original election, and it is probable that less than 50 percent of
the employees who were employed during the 1945 season will be re-
employed for the current season, the holding of a run-off election among
employees listed on the 1945 pay roll would clearly not be representative
of the desires of the employees to be covered by any certification predi-
cated upon such an election. We do not regard this case, therefore,
as one in which our regular procedure with respect to run-off elections
applies. In our opinion, the undetermined question of representation
which exists can be resolved properly only by the holding of a new
election among those employees who are employed by the Company for
the 1946 season. And in order to insure a true expression of the desires
of those employees, we shall place on the ballot in the new election all
the choices which appeared on the ballot in the first election.
SECOND 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, and pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations - Series 3, as amended, it is hereby
CLEVELAND CLIFFS IRON COMPANY 111
DIRECTED that, as part of the investigation to ascertain representatives
for the purposes of collective bargaining with Cleveland Cliffs Iron Com-
pany (Marine Department), Cleveland, Ohio, a second election by secret
ballot shall he conducted as early as possible, but not later than thirty
(30) days from the date of this Direction, under the direction and super-
vision 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 Regulations, among
employees in the unit found appropriate in Section IV, of our Decision
and Direction of Election, who were employed during the pay-roll period
immediately preceding the date of this Second Direction, including em-
ployees who did not work during 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 repre-
sented by National Maritime Union of America (C. I. 0.), by Sea-
farers' International 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.