Odanah Iron Co.

National Labor Relations Board - Board Decisions

Jul 31, 1940

25 N.L.R.B. 1332 (N.L.R.B. 1940)

In the Matter Of ODANAH IRON COMPANY AND PICKANLS, M ATHER &
COMPANY and LODGE 1922, AMALGAMATED ASSOCIATION OF IRON, STEEL
AND TIN WORKERS OF NORTH ADIERICA, THROUGH STEEL WORKERS
ORGANIZING COMMITTEE, AFFILIATED C. I. O.
In the Matter of SUNDAY LAKE IRON COMPANY AND PICKANDS, MATHER
& COMPANY and LODGE 2056, AMALGAMATED ASSOCIATION OF IRON,
STEEL AND TIN WORKERS OF NORTH AMERICA, THROUGH STEEL WORK-
ERS ORGANIZING COiirMITTEE, AFFILIATED C. I. O.
In the Matter of YOUNGSTOWN MINES CORPORATION AND PICKANDS,
MATHER & COMPANY and LODGE 2056, AMALGAMATED ASSOCIATION OF
IRON, STEEL AND TIN WORKERS OP NORTH AMERICA, THROUGH STEEL
WORKERS ORGANIZING COMMITTEE, AFFILIATED C. I. O.
In the Matter Of YOUNGSTOWN MINES CORPORATION AND PICKANDS,
MATHER & COMPANY and LODGE 1922, AMALGAMATED ASSOCIATION OF
IRON, STEEL AND TIN WORKERS OF NORTH AMERICA, THROUGH STEEL
WORKERS ORGANIZING COMMITTEE, AFFILIATED C. I. O.
In the Matter of VERMILLION MINING COMPANY AND PICKANDS, MATHER
& COMPANY and LODGE 1644, AMALGAMATED ASSOCIATION OF IRON,
STEEL AND TIN WORKERS OF NORTI--I AMERICA, THROUGII STEEL WORK-
ERS ORGANIZING COMMITTEE, AFFILIATED C. 1.0.
Cases Nos. C-1376-1380 inclusive. Decided July 31, 1940
Jurisdiction : iron mining industry.
Unfair Labor Practices
Company-Dominated Union: formation after validation of Act, of successor or-
ganizations; failure of respondent to disestablish predecessor organization or
to inform employees that successor was not a continuation of predecessor ;
contribution of support to : furnishing materials and facilities-mdicia of
domination : recognition of without proof of authority; prominence of officers
of successor organization in activities of predecessor
Remedial Orders : disestablishment of company-dominated unions
Practice and Procedure
Motion overruled to dismiss complaint on the ground that evidence showed
employees representation plans had been disbanded thus rendering issues
moot as to them
Where several Companies, in the formation and administration of an
employee representation plan and its successors in operation at the mines of
the said Companies, dealt with the mines collectively and not individually,
they were properly joined as parties even though each Company is an integral
unit in respect to mining operations.
25 N L R. B., No. 126.
1332
ODANAH IRON COMPANY 1333
Mr. Morris L. Foyer and Mr. Lester Asher, for the Board.
Jones, Day, Cockley do Reavis, by Mr. Luther Day and Mr. Earl
A. Lefever, of Cleveland, Ohio, Gillette Nye, Harries & Montague,
by Mr. Donald D. Harries and Mr. William K. Montague, of Duluth,
Minn ., for the respondents.
Mr. Norman Harris, of Ironwood, Mich, for Lodges 2056 and 1922
of the Amalgamated.
Mr. William S. Baird, Jr., of Bessemer , Mich., for the Anvil Palms
Labor Union and the Newport Mine Workers Association.
Miss Margaret M. Farmer, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon separate charges and amended charges duly filed by Lodges
1922, 2056, and 1644, Amalgamated Association of Iron, Steel and
Tin Workers of North America, through Steel Workers Organizing
Committee, affiliated with the Congress of Industrial Organizations,
herein respectively called -Lodge 1922, Lodge 2056, and Lodge 1644,
the National Labor Relations Board, herein called the Board, by the
Regional Director for the Twelfth Region (Milwaukee, Wisconsin),
issued its consolidated complaint against Odanah Iron Company,
Hurley, Wisconsin, herein called the respondent Odanah; Youngs-
town Mines Corporation, Ironwood, Michigan, herein called the re-
spondent Youngstown; Sunday Lake Iron Company, Wakefield,
Michigan, herein called the respondent Sunday Lake; Vermillion
Mining Company, Ely, Minnesota, herein called the respondent Ver-
million; and Pickands, Mather & Company, herein called the Man-
agement, alleging that the respondents and the Management had
engaged in and were engaging in unfair labor practices affecting com-
merce, within the meaning of Section 8 (1) and (2) and,Section 2 (6)
and (7) of the National Labor Relations Act, 49 Stat. 449, herein called
the Act. Copies of the complaint with accompanying notice of hear-
ing were duly served upon the respondents and the Management,
upon Steel Workers Organizing Committee, a labor organization
with which the charging unions are affiliated, and upon Plans of Em-
ployees' Representation at the Newport, Anvil-Palms, Sunday Lake,
and Cary mines, Anvil-Palms Labor Union, and Newport Mine Work-
ers Association.,
' Newport Mine Workers Association is referred to as the "Independent at Newport" in
the affidavit of service of the complaint
233030-42-vol. 25-85
1334 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
As to the unfair labor practices, the complaint alleges in substance :
(1) that in the year 1933 the respondent Youngstown and the Man-
agement at the Newport and Anvil-Palms mines, the respondent
Odanah and the Management at the Cary mine, the respondent
Sunday Lake and the Management at the Sunday Lake mine, and
the respondent Vermillion and the Management at the Zenith mine,
individually and collectively and each acting in concert with each
of the other respondents put into effect among the employees at the
above-mentioned mines a labor organization, previously formulated
by the respective officers and agents of said respondents, known as
"Plan of Employees' Representation," and that the respondents at
all times since then and especially since July 5, 1935, dominated and
interfered with the administration of said labor organization and
contributed financial and other support to it; and (2) that by the
foregoing acts and in other ways the respondents interfered with,
restrained, and coerced their employees in the exercise of the rights
guaranteed by Section 7 of the Act.
On June 16, 1939, the respondents filed their joint and several
answer to the complaint, denying the unfair labor practices and
praying for the dismissal of the complaint on the grounds that
(1) the complaint improperly joins separate alleged causes of com-
plaint arising in different regions of the Board and improperly
joins parties who have no connection and no identity of interest;
(2) the Board is without authority to regulate relations between
employers and employees engaged in local production or mining;
and (3) none of the alleged unfair labor practices affect interstate
commerce.
Pursuant to notice, a hearing was held in Ironwood, Michigan,
from June 29 to July 14, 1939, and in Ely, Minnesota, from July
14 to 17, 1939, before Gustaf B. Erickson, the Trial Examiner duly
designated by the Board. The Board, the respondents, Lodges 1922
and 2056, Anvil-Palms Labor Union, and, Newport Mine Workers
Association were represented by counsel and participated in the
hearing. Full opportunity to be heard, to examine and cross-
examine witnesses, and to produce evidence bearing upon the issues
was afforded all parties. At the beginning of the hearing the Trial
Examiner granted the motion of counsel for the Anvil-Palms Labor
Union and the Neii-port Mine Workers Association, to intervene in
the proceeding. Counsel for the respondents moved for a bill of
particulars of paragraphs of the complaint stating that "by various
and sundry ways" respondents have dominated and interfered with
the administration of the Plan of Employees' Representation. The
Trial Examiner denied said motion but ruled that should evidence
in this connection be adduced at the hearing which should surprise
ODANAH IRON COMPANY 1335
the respondents, he would grant them time to prepare their defense.
The Trial Examiner overruled the objections of counsel for the
respondents to receiving in evidence the complaint and other formal
papers constituting Board Exhibit 1 on the ground that the Board
is without jurisdiction to issue a complaint in the instant case and
that the complaint improperly joins respondents and causes of com-
plaint. During and at the end of the hearing counsel for the
respondents and counsel for the Anvil-Palms Labor Union and the
Newport Mine Workers Association objected to the admission of
evidence concerning the last-named organizations on the ground that
the complaint made no mention of and tendered no issue as to
these organizations. The Trial Examiner overruled these objections.
At the end of the Board's case and at the end of the hearing, -counsel
for the respondents moved to strike all evidence of acts and trans-
actions taking place prior to July 5, 1935, when the Act became
effective, and all other evidence offered by the Board and accepted
by the Trial Examiner over the objection of the respondents, and
moved to dismiss the complaint on grounds previously set forth in
the respondents' answer and on the further ground, inter alia (1)
that the evidence does not support the allegations of the complaint,
and (2) that the evidence shows that the Employees' Representation
Plans, established in 1933 and 1937, have been disbanded, thus ren-
dering the issue as to them moot. The Trial Examiner denied the
motion to strike and took the motion to dismiss the complaint under
advisement. He denied said motion in the Intermediate Report.
The Board has reviewed the rulings of the Trial Examiner upon
motions and objections to the admission of evidence made at the
hearing and finds that no prejudicial errors were committed. The
rulings are hereby affirmed.
On September 30, 1939, the Trial Examiner filed his Intermediate
Report, a copy of which was duly served upon all parties, finding
that the respondent had engaged in unfair labor practices affecting
commerce, within the meaning of Section 8 (1) and (2) and Sec-
tion 2 (6) and (7) of the Act. He recommended that the respondents
cease and desist from their unfair labor practices, withdraw all
recognition from and completely disestablish the Plan of Employees'
Representation with the modification made thereto, including New-
port Mine Workers Association and Anvil-Palms Labor Union, as
representative of the respondents' employees for the purposes of
collective bargaining and take certain other action to remedy the
situation brought about by their unfair labor practices. Exceptions
to the Intermediate Report and briefs were filed by the respondents,
by Anvil-Palms Labor Union, and by Newport Mine Workers Asso-
ciation. The respondents requested oral argument before the Board.
1336 , DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pursuant to notice duly served upon all parties, a hearing was held
before the Board in Washington, D. C., on April 11, 1940, for the
purpose of oral argument. The respondents were represented by
counsel and presented argument.
The Board has considered the exceptions to the Intermediate Re-
port and the briefs filed by the parties and, save as the exceptions are
consistent with the findings, conclusions, and Order set forth below,
finds them to be without merit.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENTS
Youngstown Mines Corporation, a wholly owned subsidiary of
Youngstown Sheet & Tube Company, was incorporated under the
laws of West Virginia on January 7, 1907. It is licensed to do-
business in the States of Michigan and Minnesota . In the State of
Michigan it holds mining leases on and, through the facilities of
the Management, operates the Newport Mine at Ironwood, Michigan,
and the Anvil-Palms Mine near Bessemer, Michigan. It also holds
leases on other mining properties in the State of Michigan.
In producing iron ore from the two mines mentioned above, the
respondent Youngstown used, during the year 1937, materials to the
value of several hundred thousand dollars, obtained largely from
sources outside the State of Michigan. During the year 1937 it
produced from the Newport Mine 500,834 tons of iron ore and from
the Anvil-Palms Mine, 352,505 tons of iron ore to the total value
from both mines, of 'approximately $4,500,000. Practically all the ore
produced from the two mines is transported by rail to Ashland, Wis-
consin, where it is clumped into iron-ore docks and thence shipped
by rail or water to ports on Lake Erie and Lake Michigan where
it is delivered f. o. b. to the Youngstown Sheet & Tube Company,
which is the parent company of the respondent Youngstown.
Sunday Lake Iron Company, a wholly owned subsidiary of Beth-
lehem Steel Corporation, was incorporated under the laws of the
State of Michigan on February 28, 1900. Its incorporation was
renewed, effective February 28, 1930. It is licensed to do business
in the States of Michigan and Minnesota. It holds under a mining
lease on and, through the facilities of the Management, operates the
Sunday Lake Mine at Wakefield, Michigan. In producing iron ore
from this mine, the respondent Sunday Lake used in 1937 approxi-
mately $150,000 worth of materials purchased largely from sources
outside the State of Michigan. During the year 1937 it produced
from the Sunday Lake Mine 597,347 tons of iron ore of the approxi-
ODANAH IRON COMPANY 1337
mate value of $2,318,000. The ore produced at this mine is delivered
to Bethlehem Steel Corporation, f. o. b. cars at the mine. , The ore
is transported by rail to Ashland, Wisconsin, and transported thence
by water to ports on Lake Erie.
Odanah Iron Company was incorporated on March 13, 1886, under
the laws of Wisconsin. Fifty per cent of its stock is owned by
Bethlehem Steel Corporation and 50 per cent by Dalton Ore Com-
pany. It holds a mining lease on and, through the facilities of the
Management, operates the Cary Mine at Hurley, Wisconsin. In
1937 the respondent Odanah used, in producing iron ore from this
mine, materials to the value of approximately $100,000, a substantial
portion of which were purchased from sources outside the State of
Wisconsin.. During the year 1937 it produced from the Cary Mine
228,446 tons of iron ore of the approximate value of $847,000. The
ore produced from this mine is sold and delivered in approximately
equal proportions to Bethlehem Steel Corporation and Dalton Ore
Company, f. o. b. cars at the mine. The ore is transported from the
mine by rail to Ashland, Wisconsin, and sent by water to ports on
Lake Erie and Lake Michigan.
Vermillion Mining Company was incorporated July 17, 1920,
under the laws of the State of Minnesota. Thirty-seven and one-
half per cent of its stock is held by Youngstown Sheet & Tube Com-
pany, 121/2 per cent by Dalton Ore Company, 25 per cent by Bethle-
hem Steel Corporation, -aid 25 per cent by Republic Steel
Corporation. It holds a mining lease on and, through the facilities
of the Management, operates the Zenith Mine at Ely, Minnesota.
During the year 1938 the respondent Vermillion produced from the
Zenith Mine approximately 252,078 tons of iron ore to the value
of approximately $1,001,000. The ore produced at this mine is sold
and delivered to Youngstown Sheet & Tube Company, Dalton Ore
Company, Bethlehem Steel Corporation, and Republic Steel Corpo-
ration, f. o. b. cars at the mine. Practically all of the ore is trans-
ported by rail from the mine to Two Harbors, Minnesota, where it is
dumped into ore docks and thence shipped by water to various ports
on the Great Lakes including Indian Harbor, Indiana, Cleveland,
Ohio, and Erie, Pennsylvania.
Pickands, Mather & Company, the Management, is a copartnership.
Under separate contracts with respondents Youngstown, Sunday
Lake, Odanah, and Vermillion, it manages and operates all of the
mines herein involved, namely Newport Mine, Anvil-Palms Mine,
Sunday Lake Mine, Cary Mine, and Zenith Mine. It also manages
the operation of other iron-ore mines for other companies in the
States of Michigan, Wisconsin, and Minnesota.
Under its respective contracts with respondents Youngstown, Oda-
nah, Sunday Lake, and Vermillion, the Management hires, oversees
1338 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and discharges labor of all classes; furnishes superintendents and su-
pervisors having the necessary mining and engineering skill; cares
for and protects the mines and equipment during idle periods; effects
proper workmen's compensation and other insurance; purchases and
procures for the account of the various companies all necessary mining
material, supplies, and equipment; looks after the sampling and ana-
lyzing of the ore; loads ore on cars for shipment; and in general super-
vises and manages all operations and acts necessary and proper for
the operation of the mines. All salaries and wages of the employees
at each of the mines, all bills for equipment, material, and supplies,
insurance premiums, and other costs incurred in the course of the
operations of each mine are paid for by the Management out of monies
provided by the respondent mining company in whose interest the
Management operates such mine.
The amount of iron ore to be produced from each of the various
mines is determined by the respondent lessee of such mine and indi-
rectly by the owners of the stock of such respondent.
For its services as manager of each of the mines the Management
receives a stipulated compensation from the respondent mining com-
pany involved.
The Management maintains offices at Cleveland, Ohio ; Chicago,
Illinois; Duluth, Minnesota; and Ironwood, Michigan. It employs
and pays A. D. Chisholm, general manager of iron-ore properties, with
offices at Duluth, Minnesota. It also employs and pays, as subordi-
nates to Chisholm, Waldemar Knoll, a superintendent stationed at
Ironwood, Michigan, in direct charge of Michigan and Wisconsin
properties, including the Newport, Anvil-Palms, Sunday Lake, and
Cary Mines, and E. C. Leach, a superintendent stationed at Hibbing,
Minnesota, in direct charge of mines in a district of Minnesota includ-
ing the Zenith Mine. The superintendents and supervisory employees
of mines within the districts are paid from funds furnished by the
respective mining companies. The respondents and the Management
contend that they are improperly joined as parties in this proceeding,
that each mine is an integral unit in so far as the lessee respondents
are concerned. This is true in respect to the mining operations at
the respective mines. It is clear, however, that in the formation and
administration of the Plan and its successors, discussed below, the
Management, with the active participation of the respondents, dealt
with the mines collectively and not individually. The common policy,,
exercised by the Management and the respondents in labor relations
affected the employees of all the mines. Accordingly we find, as did
the Trial Examiner, that the respondents have acted in concert and
in concert with the Management with respect to the alleged unfair
labor practices with which we are concerned, and that the respondents
ODANAH IRON- COMPANY 1339
and the Management are properly joined as parties in this proceeding.
There are employed at the mines involved in instant proceeding an
aggregate of approximately 1,200 employees.
II. THE ORGANIZATIONS INVOLVED
Lodges 1922, 2056, and 1644 are labor organizations affiliated with
the Congress of Industrial Organizations.
Lodge 1922 admits to membership mining company employees,
with the exception of clerical and supervisory employees, in the New-
port and Cary mines, and the mines of the Oliver and Republic Steel
Corporations on the Gogebic Range in Michigan and Wisconsin.
Lodge 2056 admits to membership mining company employees
employed in the Anvil-Palms, Sunday Lake, and Plymouth mines
on the Gogebic Range in Michigan and Wisconsin.
Lodge 1644 admits to membership employees employed in mines,
mills, or smelters in the vicinity of Ely, Minnesota.
Plan of Employees' Representation is'an unaffiliated labor orga-
nization, admitting to membership employees of the respondents on
the day pay roll who have been employed by the respondents for a
period of 60 days or longer.
Plan of Employees' Representation, as amended in 1937, in the
Gogebic District is an unaffiliated labor organization admitting to
membership employees on the day pay rolls at Newport, Cary, Anvil-
Palms, and Sunday Lake Mines, who have been employed in said
mines- for a period of 60 days or longer.
Plan of Employees' Representation, as amended in 1937, at the
Zenith Mine is an unaffiliated labor organization admitting to mem-
bership employees on the day pay roll at the Zenith Mine who have
been employed in said mine for a period of 60 days or longer.
Employees' Association at Newport Mine, Cary Employees' Asso-
ciation, Zenith Representative Association, Anvil-Palms Representa-
tive Group, and Sunday Lake Plan of Employees' Representation,
organizations operating under said amended plan, are unaffiliated
labor organizations admitting to membership employees on the day
pay rolls at the Newport, Cary, Anvil-Palms, Zenith, and Sunday
Lake Mines, respectively, who have been employed in said mines for
a period of 60 days or longer.
Newport Mine Workers' Association is an unaffiliated labor organ-
ization, admitting to membership employees on the regular pay roll
of the Newport Mine, excluding officers, executives, employees having
the right to hire and discharge, and employees in purely supervisory
positions.
Anvil-Palms Labor Union is an unaffiliated labor organization
admitting to membership employees who have been employed at the
1340 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Anvil-Palms Mine for a period of not less than 2 months, excluding
officers, executives, employees having the right to hire and discharge,
and employees in a purely supervisory position.
III. THE UNFAIR LABOR PRACTICES
A. The Plan of Employees' Representation
1. The operation of the Plan from 1933-1937
In the spring of 1933 the Management, on behalf of mining com-
panies using its facilities, established a Plan of Employees' Repre-
sentation, herein called the Plan, in mines under its jurisdiction .2
The Plan provided for the grouping of mines into districts, the
annual election by the employees of a minimum of five employees'
representatives for each distlii.ct, including at least two representatives
for each mine within the district, the appointment by the Management
of not more than an equal number of "company representatives," and
the appointment, also by the Management, of a Management's
Representative. The Plan apparently provided for the establish-
ment of a central governing body composed of "district representa-
tives." The Management, however, set up district organizations as
independent operating units. Of these, two are involved in the in-
stant proceedings : one, herein called the Gogebic District, comprising
the Cary, Newport, Anvil-Palms, Sunday Lake, and Plymouth Mines,
located on the Gogebic Range in Wisconsin and Michigan, and a
second, herein called the Zenith District, comprising the Zenith Mine
on the Vermillion Range in Minnesota and the Biwabik and Corsica
Mines on the Messabe Range in Minnesota.3
Between 1933 and 1937 the Management welded the district or-
ganizations into smooth-running clearing houses for the presentation
of grievances. The Plan required that individual employees should
first attempt to settle grievances with their foreman. If this at-
tempt failed, the employee presented his grievance to his representa-
tive, who in turn presented it to the employees' representatives at a
"regular" monthly meeting of this group. The grievance was dis-
cussed by the proper committee of this group, and subsequently pre-
sented to the Management's Representative for the consideration of
2 The Preamble of the Plan introduced in 1933 states that "The Mining companies
operated by Pickands, Mather & Company and their employees , establish this plan of
representation of employees . However, it is not possible to determine from the
record whether or not the Plan was introduced in all the mines managed by Pickands,
Mather & Company.
3 The Plymouth, Biwabik and Corsica Mines are not involved in the instant proceedings.
The record shows that at least one other district organization was established, herein
called the Albany District, comprising the Albany, Scranton , Mahoning, Bennett, and
Danube Mines in Minnesota . None of these mines is involved in the instant proceedings.
ODANAH IRON COMPANY 1341
the Management. The deliberations of the employees' representa-
tives were supervised by the Management's Representative for the
district. The duties of the Management's Representative as defined
in the Plan were "to keep the Management in touch with the Repre-
sentatives, to represent the Management in negotiations with the
Representatives, their officers and committees . . . [and to] in-
terview all of them from time to time with reference to matters of
concern to employees." In the Gogebic District, this official at first
attended and participated in the meetings of the employee representa-
tives. Later he placed himself "on call" in the room adjoining the
meeting, whence he was frequently summoned to advise the repre-
sentatives and to explain the Management's point of view in matters
under Discussion. The Management's Representative in the
Zenith District was also frequently invited to attend employees'
representatives meetings.
The administrative policies of the district organizations were
vested in "joint" committees, each composed of five employees' repre-
sentatives and not more than an equal number of "company represen-_
tatives" appointed by the Management from the supervisory staffs
at the mines within the district. The "joint" committees, as did the
"regular" groups, elected a chairman and secretary and kept minutes
of their meetings. The "joint" committees met bi-monthly to re-
ceive reports on the Management's disposition of the complaints
made by, employees' representatives at the "regular" meetings, to
decide such administrative policies as the determination of the units
of representation to be established at each mine and the number of
representatives to be selected from each unit, and to discuss other
matters of interest. The Management's Representatives participated
actively in the deliberations and decisions of the joint committees.
The Plan also provided for an annual conference of all employee
representatives, company representatives, and representatives of the
Management. In the Gogebic District, these conferences, which were
held in 1934, 1935, and 1936 were made the occasions for "general
get-togethers" of representatives, their alternates,4 "company" repre-
sentatives, high-ranking officials of the Management, and guests.
Both Management officials and employees' representatives made
speeches extolling the Plan and its operation. In the Zenith District
conferences were also held in 1934, 1935, and 1936 but were apparently
less elaborate than those held in the Gogebic District.
No provision was made in the Plan for general .meetings of em-
ployees, and participation in the Plan of employees who were not
representatives was in effect limited to the annual election of
6 Alternates were employees who were nominated but not elected to the positions of
employees ' representatives.
1342 DECISION'S OF NATIONAL LABOR RELATIONS BOARD
employee representatives, to attempts to bargain individually, and
finally to the presentation of grievances to the representatives.
Eligibility to vote in elections for employee representatives was
predicated upon employee status only. There was no provision for
the assessment of clues.
Prior to May 1937 the Management completely financed the Plan.
Both "joint" and "regular" meetings were held on mine property
during working hours, in accordance with specific provisions of the
Plan, and employees' representatives were paid for the time spent
in attendance at such meetings. The Management also bore the ex-
penses incident to the holding of employee elections, such as the
printing of ballots, poll lists, and notices and forms upon which
were recorded election results. The minutes of both "joint" and
"regular" meetings were typed in the mine office by the Manage-
ment's clerical staff. During the summers of 1933 and 1934 5 copies
of the Plan were printed by the Management and distributed to the
employees with their pay checks. The Management also financed
annual picnics given under the auspices of the district organizations.
'The respondents and the Management admit that they aided in
the formation of the Plan of Employees' Representation in 1933
and that they assisted in its administration and rendered support
to it from 1933 to 1937. Their conduct prior to July 5, 1935, the
effective date of the Act, does not constitute an unfair labor prac-
tice. We find, however, that their continued domination of and
interference with the administration of the Plan and their con_
tinned support to it from the effective date of the Act until May
11, 1937, constitutes unfair labor practices within the meaning of
Section 8 (2) of the Act. We find further that by this conduct
the respondents and the Management interfered with, restrained,
and coerced their employees in the exercise of rights guaranteed.
in Section 7 of the Act. -
2. The 1937 amendments
On May 11, 1937, officers of the Management informed employee
representatives at meetings held in both the Gogebic and Zenith
Districts that the constitutionality of the Act had been confirmed by
the Supreme Court of the United States and that the Management
would immediately cease its participation in the Plan and withdraw
its representatives.
In the Gogebic District, the meeting of May 11 was addressed by
Waldemar Knoll, the superintendent of mines for the District. Knoll
thanked the representatives for their cooperation in the past and
expressed regret that the Management would no longer be able to
6 In 1934 the Plan was amended in respects not here material.
ODANAH IRON COMPANY 1343
reimburse them for time spent in organization meetings. He stated
further that he would like to continue to deal with his own men
rather than have "outsiders" come into the District, expressed the
opinion that the Plan was amenable to amendment , and suggested
that the representatives could amend it as they saw fit. He assured
his hearers that the Management would recognize as bargaining
agent any organization that enrolled 51 per cent or more of the em-
ployees as members. Just before he left the meeting he remarked
that he thought "Ford and McDonald had some plans that would
come' under the Wagner Act which the representatives could read
over." James E. Ford, one of the employees thus referred to, was
at that time chairman of the "joint" representatives, secretary of
"employees representatives," and chairman of the Employees' Elec-
tion Committee. He had served as employee representative from
Newport Mine since 1935. Although not ranked by the respondent
as a supervisory employee, he had held positions of responsibility
with the respondent for many years, had served for 15 years as man-
ager of the Anvil-Palms Mine office, and in May 1937, was employed
as timekeeper and ore sampler at Newport Mine. McDonald had
served as employees' representative from Plymouth Mine since 1933
and as such had played a prominent part in the operation of the
Plan since its inception. In May 1937 he was chairman of employee
representatives.
After Knoll had left the meeting, Ford suggested that the draft-
ing of amendments to the Plan be entrusted to himself and Gerry,
the Management's Representative. Between May 11 and May 14
Ford and McDonald, with the aid of Gerry, drafted such amend-
ments to the Plan, referred to by Ford and others as "by-laws," as
they considered necessary to insure the legality of its future opera-
tion. Ford testified that "we wanted to keep our little organization
as near as possible going. We liked it and we couldn 't see why there
wasn't a certain way that we could keep it agoing and still be within
the Wagner Act. Therefore, we worked that way . . . nobody
knew anything about the Wagner Act, what it was or anything else,
and we took our old form and knocked off here and knocked off
there and made up what we thought was all right."
The amendments resulting from this process of revision did not
change either the fundamental structure of the organization or its
function. The revisions were limited to the rewriting of the pre-
amble," to the deletion of provisions for the appointment of company
9 The preamble as rewritten stated :
This Plan of Employee Representation has been adopted for the purpose of providing
an orderly , effective and expeditious medium of collective bargaining with the Manage-
ment on all matters pertaining to wages , hours, grievances , and working conditions ; to
expedite a fair adjustment of any difficulties ; and to promote a spirit of fair dealing in
the mutual interest of Employees and Management.
1344 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and Management's Representatives and for the direct participation of
such supervisory officials in the administration of the Plan, and to
the insertion of an article creating a District organization consisting
of the chairmen and secretaries of the respective mine organizations.
Provision was made for the assumption by the District Committee
on Rules of many of the duties assigned to the Joint Committee on
Rules under the original Plan. Eligibility to vote in annual elections
continued to be based upon employee status only; no provisions was
made for general meetings of employees ' or for the assessment of
dues.
The amendments to the Plan were multigraphed in the Newport
office by the superintendent's secretary and distributed to the repre-
sentatives at a meeting held on May 14. The representatives ap-
proved the amendments, decided that five representatives should be
elected at each mine for the coming year,' and set the date for the
elections. Two representatives, John Grezan from Newport Mine
and Matt Pikka from Sunday Lake Mine, protested that the amend-
ments should be presented for adoption to the employees at the vari-
ous mines. Their protests were overruled.
John Grezan insisted that a general meeting of employees be called
at Newport to vote on the amendments. Ford-took the position that
the amendments had been adopted and were already in effect. He
called a general meeting, however, to "read over" the new bylaws.
The meeting, which was called shortly after May 14, was attended
by 48 of the approximately 260 employees at the mine. A vote on
the adoption of the amendments was insisted upon by Grezan and
the group rejected the amendments by a vote of 28 to 18. Ford dis-
regarded this expression of opinion and went forward with prepara-
tions for the June elections of representatives.
The elections in June 1937 at the various mines were conducted
on mine property at the time of year and in the manner in which
elections had been conducted since 1933. The Management again,
as in former elections , furnished poll lists and lists of employees
eligible to be elected representatives and again permitted the use
of voting booths and ballot boxes owned by it. Ballots, although
printed on order of the new organization, were similar in appearance
to those furnished by the Management in former years.
After the elections the District organization which was provided
for in the amendments to the Plan, and which apparently had func-
tioned from May 14 until the elections in June, was not continued.
Thereafter local units of the Plan at the various mines functioned
as independent organizations under the names Employees' Associa-
° At this time the representatives in the Gogebic District numbered eleven : three from
Newport Mine, and two each from Gary , Anvil-Palms , Sunday Lake , and Plymouth Mines.
ODANAH IRON COMPANY 1345
tion at Newport Mine, Cary Employees ' Association , Anvil-Palms
Representation Group, and Sunday Lake Plan of Employees'
Representation.
Many employees who had been prominently identified with the
Plan between 1933 and 1937 were elected in June 1937 and served as
officers of these local organizations. At Newport Mine the three
representatives who had held office since 1935 were reelected. Of
these, one Mildren became chairman and Ford secretary of the
Employees ' Association . At Anvil -Palms, one Beissel, who had
served as chairman of "joint" representatives from 1933 to June
1936 was elected and became chairman of the Anvil -Palms Repre-
sentation Group. At Cary Mine, one Coxey, a representative from
1933 to 1936 was returned to office and became secretary of the Cary
Employees ' Association , and at Sunday Lake Mine, two employees who
had been chosen by the Management to "talk up " the Plan among the
employees in 1933 were elected. One of these became chairman of
the Sunday Lake Plan of Employees ' Representation.
In the Zenith District , the joint meeting of May 11 was attended
by Leach, the District superintendent , Matthews , the superintendent
of Biwabik and Corsica Mines, and Hager, the Management's Rep-
resentative. Leach stated that the Management felt that certain
phases of the Plan, such as the participation therein by the Man-
agement through the "joint"' committees , the reimbursement of em-
ployees for time spent in the operation of the Plan, and the furnish-
ing of supplies , were in conflict with the requirements of the Act.
He announced that the Management was withdrawing from partici-
pation in the Plan but that it would continue to recognize the em-
ployee representatives then in office as collective bargaining agents
until new representatives were elected under a modified , legal form
of the then present Plan, or under a new Plan. Leach then pointed
out the specific provisions of the Plan which the Management con-
sidered illegal.
At least a few employee representatives in the Zenith District
discussed amendments to the Plan between May 11 and the elections
in June. It is not clear from the record how many representatives
took part in the discussion, nor which , if any, amendments had been
decided upon by the date of the elections in June 1937 . The elections
in June were conducted on the mine property in a manner similar to
that employed in former years . The Management supplied poll lists
and lists of employees eligible to be elected representatives. The
ballots, although printed upon order and at the expense of the Zenith
Mine organization , were similar in appearance to those formerly
supplied by the Management.
Neither the representatives under the old or amended Plans nor
the other employees at the Zenith Mine voted to adopt amendments
1346 DECISIONS Or NATIONAL LABOR RELATIONS BOARD
to the Plan, and it is not clear when the organization known after
June 1, 1937, as the Employees' Representative Association came into
existence. The minutes of the meeting held on June 1, 1937 by
representatives elected in June 1936, under the former organization,
record that one A. Hedloff, retiring chairman, acted as temporary
chairman, that the nomination and election of a new chairman and
secretary then took place and that the new officers took charge of
the meeting.
The respondents deny that they assisted in the drafting of amend-
ments to the Plan in 1937. We do not believe this denial. It is
not contended nor does the record indicate that employees- in the
Zenith and Gogebic Districts conferred together or that either of
these groups conferred with representatives of the Albany 8 District
concerning the drafting of amendments to the Plan in 1937. Yet
the amended Plans introduced in the Zenith and Albany Districts in
1937 are identical and, except for the provisions creating the District
organization and defining the duties of the District Committee on
Rules, are identical vVith the Plan adopted in the Gogebic Distrct
in May 1937, not only in respect to the deletions of certain provisions
in the original Plan but in respect to the rewording of the preamble
and the insertion of a clarifying clause in Section III (2).0 We
refuse to ascribe this identity to coincidence. We are of the opinion
that the respondents at their respective mines, through the Manage-
ment, aided materially in the drafting of amendments to the Plan
in 1937.
There is also convincing evidence that the respondents, through
the Management, rendered assistance to the organizations operating
under the amended Plan at their respective mines. As has been noted
above, the respondents continued after 1937 to permit the use of their
properties and furnished equipment and poll lists for employee
elections. During the summer of 1937 the Management distributed
to the Newport and Zenith employees, with their pay checks, printed
copies of the amended Plans under which organizations at these
mines were then operating. It will be remembered that the Manage-
ment had made similar distributions of printed copies of the original
Plan in 1933 and 1934. The distribution in 1937 served, therefore,
not only to emphasize the respondents' approval of the amendments,
but inevitably to associate the amended with the original Plans in
the minds of the Newport and Zenith employees.10 ,
s See footnote 6, supra.
° This section was amended to read, "All employees who are enrolled on the Company's
pay rolls ( except as provided in Paragraph 3, Section III), on the date fixed for nomina-
tions, shall be entitled to vote." The phrase in parentheses did not appear in the original
Plan.
10 It appears that the copies of the Plan were printed at the expense of the Newport
and Zenith organizations, and were distributed at the request of the representatives.
ODANAH IRON COMPANY 1347
We find that the respondent Vermillion , in collaboration with the
Management , and the respondents Odanah, Youngstown , and Sunday
Lake in collaboration with the Management , and the Management,
dominated and interfered with the formation and administration of
the Plan of Employees ' Representation as amended,in the Zenith and
Gogebic Districts , respectively , 1937, and contributed support to the
organization functioning under said amendments , thereby interfering
with, restraining and coercing their employees in the exercise of
rights guaranteed in Section 7 of the Act.
B. The events of November 1938 to January 1939
1. The meetings at Newport Mine office
On November 26, 1938, again a few days later, and again early in
January 1939, the Management, through its mine superintendents,
summoned-the representatives in the Gogebic District to meetings at
the Newport Mine office for the purpose of informing them that.
agents of the Board disapproved the formation and operation of the
Plan, and of discussing the respondents' probable action in respect
to its future operation. The meetings were attended by A. D. Chis-
holm, the general manager of mine operations for the Management,
Waldemar Knoll, superintendent of mines in the Gogebic District,
and Donald D. Harries and a Mr. Veach, attorneys for the respond-
ents. Knoll testified that at the first of the three meetings the
attorneys informed the representatives that charges had been filed
with the Board alleging that the Plan was dominated by the re-
spondents, and the Management, and that the respondents and the
Management were considering the posting of notices disestablishing
the Plan; that at the second meeting Harries announced that it had
been decided to post a notice disestablishing the Plan; and that at
the third meeting Harries stated that negotiations with agents of the
Board in regard to the posting of disestablishment notices were stale-
mated and that there would probably be a hearing on the matter
before the Board. The respondents' attorneys contended in their
brief and at the oral argument that the sole purpose of the meetings
was to inform the representatives that the respondents and the Man-
agement were contemplating taking some action in regard to the
Plan and to afford the representatives an opportunity, to express their
views in the matter. The record belies this contention. The re-
spondents and the Management neither set forth clearly the criticism
of the Plan made by agents of the Board nor invited questions or
discussion of the problem, by the representatives. Instead, they
cautiously and by way of analogy, but nevertheless clearly, announced
1348 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
their continuing conviction of the basic soundness of the Plan and
their belief that it could be amended to allay hostile criticism. To
quote the uncontradicted testimony of J. Taylor , a representative
from Cary Mine :
Mr. Harries [attorney for the respondents] said that maybe
the company or him, wouldn 't admit that our union was wrong,
they figured it was okay , but it was just like if you drive your
car along - the street , and you are stopped by a policeman, and
he told you that your headlights are on the bum, and then, you
don't pay any attention to it, you just went, and another police-
man stopped you, and the same things happened there, then you
finally made up your mind that you would take them into a
garage and have them adjusted , or see what was wrong with
them.
The Management did not, as in 1937, venture to specify the manner
in which the "head lights" might be "adjusted"; the attorneys re-
fused to answer either in the negative or the affirmative the question
of William Paynter, chairman of the Anvil -Palms representatives,
as to whether , if the organization disbanded and reorganized with
the same officers , it would be necessary to disband again; and they
received in silence the subsequent announcement of Paynter that the
Anvil-Palms organization would disband and reorganize. We are
of the opinion , however, that the respondents and the Management
were again , as in 1937 , clearly interested in preserving the Plan in
its essential form, and in encouraging the adoption of amendments
thereto which would not disrupt its basic structure.
On December 30, 1938, and on January 16, 1939, an attorney for
the respondents and the Management informed the representatives
at the Zenith Mine that charges had been filed with agents of the
Board alleging that the Plan was dominated by the respondents and
the Management , and therefore illegal , and advised the representa-
tives to employ counsel to determine whether these charges could be
successfully combatted.
The respondents and the Management did not disestablish the Plan
at any of the mines herein involved. They made no attempt to ex-
plain their position in regard to the Plan to the general bodies of
employees at the various mines or to clarify the vague statements
made to the representatives at the meetings described above. The
union activity at the various mines which took place following the
Newport Mine office meetings must be judged in the light of these
facts.
The representatives did not clearly understand the respondents'
or the Management 's positions in regard to the Plan, and left the
ODANAI-1 IRON CO_IIPANI 1349
meetings with a confused feeling that "something was wrong" with
their organizations and that the agents of the Board were demanding
changes. They attempted to meet the situation in various ways
described below.
2. The subsequent history of the organizations at Cary, Sunday
Lake, and Zenith Mines
The Cary representatives called an open meeting of Cary Mine
employees on November 28, 1938, to discuss the matters brought up by
the respondents ' representatives at the first of the meetings described
above. The employees voted to disband the Cary Employees As-
sociation. Notice of this action was sent to the Management by the
secretary of the organization.
At the Zenith Mine , the Zenith Representative Association was
formally disbanded on January 20, 1939. This action was taken on
the advice of an attorney , not connected , with the respondents, that
the organization had little chance of successfully combatting charges
that it was dominated by the Management and by the respondent
Vermillion. The Management was notified that the organization
had been disbanded.
Neither the respondent mining companies nor the Management
took any action to disestablish the Plan after the disbanding of
the local organizations at Cary and Zenith Mines, nor acknowledged
by the posting of notice or otherwise that they had been advised
of the disbanding of these groups.
At the time of the hearing , in July 1939, the Sunday Lake Plan
of Employees ' Representation had become dormant but had not been
disbanded. The secretary-treasurer of the organization testified, that
the representatives had "done nothing" in 1938 and that the em-
ployees had "not yet " elected represetatives for the year 1939. The
Plan, however , is still in existence at this mine.
3. The formation of thQ Newport Mine Workers Association
At Newport , the disbanding and reorganization of the Employees'
Association was decided upon by the Newport representatives after
one of the meetings described above. The disbanding was accom-
plished by Thomas Allen, chairman of Newport representatives and
one of the group of employees chosen by the Management in 1933 to
"talk up" the Plan among Newport workers. The reorganization was
accomplished by James Ford, secretary of the organization and a
representative under the Plan from 1935 to June 1938 . Ford's
activities in 1937 in connection with the drafting of amendments to
the Plan have been described above.
283036-42-vol. 26-86
1350 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
An open meeting of the Newport employees was held on December
17, 1938. Allen assumed the role of chairman and appointed Ford
secretary. Allen then informed the group that it "would have to
disband and reorganize" the Newport Mine Employees' Association.
The meetings with the respondents' representatives in the Newport
Mine office were not mentioned. No explanation of the necessity
for the disbanding and reorganization of the Association was offered
and none was asked. ' There was no discussion from the floor. Mo-
tions were made, seconded, and carried in quick succession that the
organization be disbanded and reoganized, that a committee be ap-
pointed to draft new bylaws, that the next meeting be called upon
the completion of the draft, that Allen be chairman and Ford secre-
tary until the bylaws are ready, and that the five representatives
elected in 1938 remain in office until the next meeting. The meeting
was then adjourned.
Three days after this meeting, Ford informed the Management
by letter that "The Employees Association of the Newport Mine has
been disbanded as of December the 17th, 1938 and reorganized on
same date as the Newport Mine Workers Association to provide for
collective bargaining under the Wagner act with the Newport mine
operators, the Pickands, Mather & Company. The following rep-
resentatives were appointed to act until our election which will be
held in the near future : For the miners, Thomas Allen and Albert
Basso. For all others underground Charles Berini. For surface,
Elmer Mickelson and Herman Larson."
Ford signed this communication as "secretary of the Newport Mine
Workers Association."
Ford testified that he had heard that an organization at Plymouth
Mine was "aboveboard [i. e. approved by agents of the Board] and
figured that it was a good outfit to see." He and three representatives,
including Allen, went to the Plymouth Mine shortly after December
17, interviewed officers of the Plymouth organization, and obtained a
copy of the organization's bylaws. Ford then summoned the repre-
sentatives to a meeting at his house. The Plymouth bylaws were
discussed. Ford offered his services to the bylaw committee which
had been appointed at the meeting of December 17 but which at this
time had as yet not been informed or consulted concerning the action
taken by Ford and the representatives, and' was requested by the
representatives to sit with the committee. The committee met at
Ford's house and with Ford drafted bylaws for the Newport organi-
zation, using the Plymouth bylaws as a model.
At some time between the meeting of December 17, 1938, and
January 14, 1939, Ford called a meeting of employees at the New-
ODANAH IRON COMPANY 1351
port clubhouse for the purpose of forming a new organization. Al-
though neither the structure nor the bylaws of the proposed organiza-
tion had ever been discussed by the Newport employees, other than
representatives and committeemen, Ford made the payment of "dues"
a condition precedent to attendance at the meeting. John Grezan, the
miner who had insisted upon the open meeting at Newport in 1937 to
discuss the amendments to the Plan proposed at that time,l' appeared
with a group of employees and demanded that they be permitted to
discuss the merits of the proposed organization before paying dues.
Ford refused this demand and, believing that Grezan and his group
were determined to create a disturbance, adjourned the meeting
forthwith.
On January 14, 1939, the "second meeting" of the Newport Mine
Workers Association was held. The minutes of the previous meeting
(December 17, 1938) and a "treasurer's report" were read. The
bylaws drafted by Ford were read and approved with one slight
revision.
That the new organization was considered at this time as a continua-
tion, under a different form and name, of the Employees' Association
at Newport Mine is evident from Ford's abortive attempt to collect
"dues" before the adoption of a constitution for the organization or
any bylaws providing for the collection of dues, from his testimony
that the meeting of January 14, 1939, was "one of our regular meet-
ings" for which the use of the Newport clubhouse had been obtained
the previous autumn, and from the reading at this meeting of a
"treasurer's report," although no treasurer had been elected and no
financial operations had as yet been undertaken by the new
organization.
A few days after the meeting of January 14, Ford and "a com-
mittee," upon being inforlned that the law firm of Baird and Baird
in Bessemer, Michigan, was advising the Anvil-Palms employees
concerning the formation of a new organization,12 consulted this
firm concerning the legality of the constitution as adopted on Janu-
ary 14. The Bairds advised the group that the constitution should
be rewritten but that its framework could remain unchanged. They
suggested a change in the membership requirements. Ford and the
committee then retained the firm to rewrite the constitution.
On March 11, 1939, at the third meeting of the new organization,
officers and representatives were elected. Ford was elected secretary.
The constitution and bylaws as rewritten by Baird, Jr., were 'ap-
it See Section III 2, supra
12 The minutes of the organization , introduced in evidence , contain no mention of the
appointment of this committee.
1352 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
proved.13 On March 13 Ford again informed the Management of
the formation of the new association. He wrote as follows:
MARCH THE 13TII, 1939.
Mr. H. L. SCHIEBER, SUPT.,
Newport Mine.,
Ironwood, Michigan.
DEAR SIR : Please take notice that a new Association has been
formed by the laborers on the Newport property.
This organization is called The Newport Mine Workers Asso-
ciation. We understand that all other organizations have been
disbanded. We, therefore, request the right to bargain for all
employees.
Our official Representatives are-
For the Miners :
MR. ALBERT BASSO AND MR. WILLIAM KINEMAN.
For the Surface :
MR. HERBERT BUZZA AND MR. WILLIAM E. ROBERTS.
For all-other Underground :
MR. CHRIS BENNETTI.
Very truly yours,
JAMES E. FORD, I
Secreary for The Newport Mine Workers Association.
On April 10 Schieber, the superintendent of Newport Mine, at a
conference with the representatives, informed Ford that he "had
-received [Ford's] letter and knew who the representatives were" and
that he recognized the representatives as bargaining agents. At
the hearing Schieber testified that he had recognized the Association
as bargaining agent for its members only, and introduced, in sup-
port of this testimony, a report of the conference of April 10 written
by him on April 13, 1939, to Knoll, District superintendent, in which
he stated that he had informed Ford and the representatives that
"we will at all times be very glad to bargain with the representa-
tives they have chosen, on any matters affecting those employees
whom they represent. That our policy has been, and always will
continue to be, to meet with any individual or group of individuals
claiming to represent any of our employees." There is no evidence,
however, that Schieber inquired into the membership of the organi-
zation or that he questioned the claim of the representatives to
represent all the employees at the mine. We conclude that he differ-
entiated in no way between the recognition accorded the representa-
1s The constitution and bylaws as finally adopted provided for the annual election of
officers consisting of chairman , vice chairman , treasurer , financial and corresponding secre-
taries and a board of five representatives . It set forth definite membership requirements,
and provided for the assessment of dues.
ODANAH IRON COMPANY 1353
tives of former organizations operating in accordance with the Plan
and the representatives of the Newport Mine Workers Association.
Ford contended at the hearing that the Newport Mine Workers
Association came into existence on March 11, and implied that events
preceding this date should be disregarded in judging the character
of this organization. We cannot agree with this contention. The
record shows clearly that the organization came into existence at the
meeting of representatives of the Employees' Association, an organ-
ization which we have found to be dominated by the respondents,
on December 17, 1938, that Ford served from the first as secretary,
that it has had a continuous existence since that time, and that the
constitution and by-laws were adopted in practically their final form
on January 14, 1939.
We have seen that for 2 years Ford was a representative under
the original Plan, working under the domination of the Management.
During the last of these years, he had' important offices in the Plan,
was its outspoken proponent, and was active in drafting the amend-
ments of 1937 with the aid of the Management's Representative. In
1937 he was instrumental in organizing and held an important office
in the Employees' Association at Newport Mine, an organization
functioning, under the amended Plan. We have found that the
amended Plan and the organizations operating thereunder were, as
was the original Plan, dominated by the respondents and the Man-
agement. During the entire period between 1935 and November
1938, Ford represented the interests of the respondents and the
Management in their labor relations.
The circumstances under which the Newport Mine Employees' As-
sociation was disbanded and reorganized as the Newport Mine Work-
ers Association, and the manner in which its reorganization was ac-
complished by Ford, convinces us, and we find, that the Newport
Mine Workers Association is but the continuation of the Plan under
a different name and form. As we have noted above, the Plan had
never been disestablished.14 Ford's activities in forming this organ-
ization must be imputed to the respondents.15 This organization is
4Cf. Westinghouse Electric f Manufacturing Company v . National Labor Relations.
Board (C. C. A 2), June 10, 1940.
15 International Association of Machinists, etc. v N. L. R. B., 110 F. ( 2d) 20 (App.
D C.) November 20, 1939 . In enforcing an Order of the Board , the Court stated:
. Byroad, Shock , Fouts, and Bolander combined in themselves the capacities
of . . . active soliciting agents and promoters of Acme Welfare until it gave up
the ghost . . . [and] principal organizers . . . for I A M. . . . Acme Welfare was
a company union. It follows necessarily that its leading promoters were company
representatives Men accustomed to such submission seldom regain independence
overnight . The interval, if there was one, required for . . . [their ] transfer of
allegiance . . . from Acme Welfare and the company to I. A . M was too brief for
disruption of the old and basic loyalty. The evidence supports the conclusion that
it was not disrupted , but continued , though manifested in less obvious but more
effective form All that they did, therefore , is imputable to the company .. .
1354 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
incapable of serving the Newport employees as their collective
bargaining representative.
We find that the Management and the respondent Youngstown
dominated and interfered with the formation and administration of
the Newport Mine Workers Association, a continuation of the Plan
as amended in 1937, and contributed support to it, thereby interfering
with, restraining, and coercing its employees in the exercise of the
rights guaranteed under Section 7 of the Act.
4. The Anvil-Palms Labor Union
In March 1937 William Paynter, who had been in the employ-
ment of the respondent Youngstown for 22 years prior to 1933, but
who had been absent from the mines since 1933, returned and was
employed as a floorman in the enginehouse at the Anvil-Palms Mine.
During his absence from the mines, Paynter served 2 years as Sheriff
of Gogebic County and 2 years as Deputy Fire Marshal in the upper
Peninsula. During the spring of 1935, while Paynter was county
sheriff, the Mine, Mill and Smelter Workers of the American Fed-
eration of Labor voted to strike at some of the mines in territory
within his jurisdiction. The strike did not occur. A member of
the union at that time testified at the hearing that in September
1935 he overheard Paynter state to two companions at the ball park
that he wished the strike had occurred, that he was "ready with two
machine guns, ready for them on Newport Hill." Paynter denied
that he had "discussed the labor situation" with anyone at the ball
park. We are of the opinion, however, that Paynter expressed an
attitude hostile to the Mine, Mill and Smelter Workers at this time.
Upon Paynter's return to the Anvil-Palms Mine in 1937, he became
active in the Anvil-Palms Representation Group. In June 1938 he
was elected a representative, and was chosen by the representatives
as chairman of the group. Later in 1938 and in January 1939, at
the time of the meetings between the respondents and Management
and the representatives under the Plan, described above, Paynter was,
and had been for approximately 6 months, the leader of the company-
dominated Anvil-Palms Representation Group.
Paynter attended the meetings in the Newport Mine office, and,
as has been mentioned above, took an active part there, announcing
that his organization would disband and reorganize. Shortly after
the third and last of these meetings, Paynter announced that the
Anvil-Palms Representation Group was "dissolved" (although no
formal act of dissolution had been taken by the group) and actively
set about its reorganization. He consulted Attorney William S.
Baird, Sr., of Bessemer, Michigan, concerning the organization of
a union at the Anvil-Palms Mine, and explained to Baird that he
ODANAH IRON COMPANY 1355
thought he could get a majority of the men at the mine to reorganize
and that with dues of 50 cents per month, he would be able to pay
the fee. During the course of the conversation, he also told the attor-
ney of the Plymouth Mine organization and their bylaws. He gave
the attorney a copy of the Plymouth bylaws which he had obtained
from the secretary of that organization and requested the attorney
to proceed with the drafting of bylaws for a new organization.
On January 27, 1939, Paynter called a meeting of Anvil-Palms em-
ployees to organize the Anvil-Palms Labor Union and had Baird Jr.
on hand. Paynter completely dominated this meeting as is shown
from the following :
Minutes of the Anvil-Palms Labor Union, January 27, 1939.
The meeting was called to order at 2: 30 P. M. by William
Paynter. Irwin Shave was appointed temporary secretary.
The motion was made by William Paynter and supported by
Art. Walz that we organize into a labor union. The motion was
carried.
Arthur Retallic and Carl Olson were nominated for tempo-
rary chairman. Arthur Retallic received 24 votes and Carl Olson
16. Arthur Retallic was elected.
The motion was made by William Paynter and supported by
Victor Van Dermeech that the chairman appoint a committee
of eight to meet with attorney Baird and draw up a constitu-
tion and by-laws and set a date for our next meeting. The fol-
lowing men were appointed: Victor Van Derneech, Lowell
Proctor, Art Walz, Edward Tusa, Martin Bjorenson, William
Paynter, William Hankala, Domenic Cartino.
The motion was made by William Paynter and seconded by
Peter Bartone that dues be set at .25¢ per month at present. The
motion was carried.
The committee decided to meet on the next Saturday, February
4,1939 at 2: 00 P. M. at the Odd Fellows Hall.
A charge df (.050) five cents was collected from each man
present to pay for the rent of the hall.
A motion was made by William Paynter and seconded by Art
Walz that the secretary pay Carl Olson $2.00 rent for the hall.
The motion was carried.
The motion was made by William Paynter and seconded by
Ed. Tusa that the meeting be adjourned. The motion was
carried.
Temporary secretary,
IRWIN R. SHAvE,
Temporary Chairman,
ARTHUR RETALLIC.
1356 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Concerning the meeting, Paynter testified : "I asked them if they
wanted to join an organization, a local organization. I said, `We
are disbanded, we are not represented by the Labor Board, they don't
recognize us' and I says `What's the use of paying dues into a union
that we have no representation. If you want to join the local union,
we have got Mr. Baird here to represent us as an attorney, and we
will reorganize the union, and do it according to law, and we are all
willing."' Baird advised the meeting that he would draw up by-
laws, resolutions, and that a future meeting would have to be held
when a regular meeting time should be decided upon. Paynter ap-
pointed Irwin Shave as secretary of the meeting. At the conclusion
of the talks, those present were invited to come forward and join the
new organization by signing their names on a tablet. Those who
had money with then paid their dues in advance and those who did
not, paid later on.
At the next meeting, which was held on February 4, 1939, Paynter
was elected president of the Anvil-Palms Labor Union. Shave was
elected secretary and a constitution and bylaws were adopted. On
April 10, 1939, Shave notified the Youngstown Mines Corporation at
Wakefield, Michigan, by letter that the men employed by its company
had formed a labor union known as Anvil-Palms Labor Union; that
the Union represented a majority of the workers employed at the
Anvil-Palms Mine and respectfully demanded that the Union be
given exclusive bargaining rights. Duncan, superintendent of the
mine, acknowledged receipt of the letter and told Paynter that it
was receiving consideration. Up to the time of the hearing, no answer
had been given to the demand.
The role of Paynter in the organization of the Anvil-Palms Labor
Union, in the light of the parallel which exists between the formation
of that organization and that of the Newport Mine Workers Associa-
tion, convinces us that the former organization, too, is an outgrowth
of the illegal Plan and that the respondent Youngstown and the
Management dominated and continue to dominate Sits administration.
Paynter's hostility toward the Mine, Mill and Smelter Workers, ex-
pressed by his statements concerning his resistance to strike action,
identified him as hostile to union activity. His leadership of the
company-dominated Anvil-Palms Representation Group necessarily
identified him and his activities in the minds of the employees with
the wishes of the Management.", In view of the failure of either the
respondent Youngstown or the Management to disestablish this group,
or to make plain to the employees generally that its successor was not
a continuation thereof, Paynter's activity in "disbanding" the Repre-
sentation Group, in reorganizing it as the Anvil-Palms Labor Union,
"International Association of Machinists v. National Labor Relations Board, 110 F.
(2d) 29. See footnote 14, supra
ODANAH IRON COMPANY 1357
and in accepting the presidency of the new organization merely per-
petuated the domination of the respondent Youngstown and the
Management over the union activities of the Anvil-Palms enm-
ployees 17
We find that the respondent Youngstown and the Management have
dominated and interfered with the formation and administration of
the Anvil-Palms Labor Union, a successor to the Plan as amended
in 1937, and have contributed support to it, thereby interfering with,
restraining and coercing their employees in the exercise of the rights
guaranteed in Section 7 of the Act.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
We find that the activities of the respondents set forth in Section
III above, occurring in connection with the operations of the respon-
dents described in Section I above, have a close, intimate, and sub-
stantial relation to trade, traffic, and commerce among the several
States, and tend to lead to labor disputes burdening and obstructing
commerce and the free flow of commerce.
V. THE REMEDY
We have found that the respondents Youngstown, Odanah, Sunday
Lake, and Vermillion, each in collaboration with the Management, and
the Management, dominated and interfered with the administration
of the Plan of Employees' Representation, and contributed support
to it from July 5, 1935 to May 11, 1937.' We have also found that
the respondent Vermillion in collaboration with the Management, and
that the respondents Youngstown, Odanah, and Sunday Lake, each
in collaboration with the Management, and the Management, domi-
nated and interfered with the formation and adminstration of the
Plan of Employees' Representation as amended in the Zenith and
Gogebic Districts respectively and contributed support to organiza-
tions functioning under said amendments. Since it appears from
the record that all organizations operating under the original Plan
have ceased to exist and that the Cary Employees' Association, Em-
ployees' Association at Newport Mine, Anvil-Palms Representation
Group, and Zenith Representative Association, organizations operat-
ing under the Plan as amended in 1937, have been disbanded or dis-
solved, we shall not order the disestablishment of these organizations.
However, we have found that the respondents have indicated to the
representatives in the Gogebic District the willingness to amend the
Plan again. Therefore in order to bar a resumption or repetition of
the unfair labor practices in regard to these organizations, we shall
"See Westinghouse Electric h Manufacturing Company v . National Labor Rclataons
Board (C. C. A. 2), June 10, 1940.
1358 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
order the respondents Vermillion, Odanah, Sunday Lake, Youngs-
town and the Management to cease and desist from dominating, inter-
fering with, or contributing support to the Plan of Employees' Repre-
sentation as originally drafted,18 or as amended.
It appears that the Sunday Lake Plan of Employees' Represen-
tation, an organization operating under the Plan as amended in
1937, although inactive, is still in existence. We have found that
the respondent Youngstown and the Management have dominated
and interfered with the formation and administration of the New-
port Mine Workers Association and the Anvil-Palms Labor Union
and have contributed support to them. The continued existence of
the Sunday Lake Plan of Employees' Representation, the Newport
Mine Workers Association, and the Anvil-Palms Labor Union is a
consequence of a violation of the Act, thwarting the purposes of the
Act and rendering ineffective any order restraining the unfair labor
practices.19 We shall order the respondent Sunday Lake Iron Com-
pany and the Management, and the respondent Youngstown and the
Management to withdraw all recognition from Sunday Lake Plan of
Employees' Representation, and Newport Mine Workers Association,
respectively, and to disestablish these organizations as the representa-
tive of their employees for collective bargaining in respect to wages,
hours, and other conditions of employment. It appears that the
respondent Youngstown and the Management have not recognized
the Anvil-Palms Labor Union as the representative of the employees
at the Anvil-Palms Mine. We shall order the respondent Youngs-
town and the Management to refuse to recognize the Anvil-Palms
Labor Union as such representative.
CONOLusIONs OF LAw
1. Lodges 1922, 2056, and 1644 Amalgamated Association of Iron,
Steel & Tin Workers of North America, through Steel Workers
Organizing Committee, affiliated with the Congress of Industrial
Organizations, are labor organizations within the meaning of Section
2 (5) of the Act.
2. Plan of Employees' Representation and Plan of Employees'
Representation as amended in 1937, and each local organization
operating thereunder, including Cary Employees' Association, Em-
ployees' Association at Newport Mine, Anvil-Palms Representation
>s See Matter of The M A Hanna Company, Agent, Hanna Iron Ore Company of Dela-
irare, Hanna Iron Ore Company ( Mech.), Homer Ore Company (Mich ) , The American
Boston Mining Company ( Mich.) and Steel Workers Organizing Committee , athliated with
the Committee for Industrial Organization , 21 N L R. B. 962 See also Consolidated
Edison Company v. N. L. R. B, 305 U. S 197 at 230
19 Consolidated Edison Company v. N. L. It. B., 305 U. S. 197 at 236 ; Swift & Company
Y. N L R. B, 106 F. (2d) 87.
ODANAH IRON COMPANY 1359
Group, Sunday Lake Plan of Employees' Representation, and Zenith
Representative Association, are labor organizations within the mean-
ing of Section '2 (5) of the Act. -
3. Anvil-Palms Labor Union and Newport Mine Workers Asso-
ciation are labor organizations within the meaning of Section 2 (5)
of the Act.
4. By dominating and interfering with the formation and ad-
ministration of Plan of Employees' Representation; Plan of Em-
ployees' Representation as amended in 1937; Cary Employees'
Association, Employees' Association of Newport Mine, Anvil-Palms
Representation Group, Sunday Lake Plan of Employees' Repre-
sentation, and Zenith Representative Association, local units of said
Plan as amended; Newport Mine Workers Association; and Anvil-
Palms Labor- Union, successors to Plan of Employees' Representation
as amended in 1937, and contributing support thereto, the respondent
mining companies at their respective mines and the Management have
engaged in and are engaging in unfair labor practices within the
meaning of Section 8 (2) of the Act.
5. By interfering with, restraining, and coercing their employees
in the exercise of the rights guaranteed in Section 7 of the Act,
the, respondents, have engaged in and are engaging in unfair labor
practices within the meaning of Section 8 (1) of the Act.
6. The aforesaid unfair labor practices are unfair labor practices
affecting commerce within the meaning of Section 2 (6) and (7) of
the Act.
ORDER
Upon the basis of the above findings of fact and conclusions of
law, and pursuant to Section 10 (c) of the National Labor Relations
Act, the National. Labor Relations Board hereby orders :
1. That the respondents Youngstown Mines Corporation, Odanah
Iron Company, Sunday Lake Iron Company, Vermillion Mining
Company, and Pickands, Mather & Company, and each of them, and
their officers, agents, successors and assigns, shall cease and desist
from :
(a) In any manner dominating or interfering with the adminis-
tration of Plan of Employees' Representation, Plan of Employees'
Representation as amended in 1937, Cary Employees' Association,
Employees' Association of Newport Mine, Anvil-Palms Representa-
tion' Group, Sunday Lake Plan of Employees' Representation, Zenith
Representative Association, Newport Mine Workers Association or .
Anvil-Palms Labor Union, or the formation or administration of
any other labor organization of their employees at their respective
mines, or contributing financial or other support to any of the afore-
1360 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
mentioned labor organizations, or to any other Iabor, organization
of their employees at their respective mines ;
(b) In any other manner interfering with,-restraining, or coercing
their employees in the exercise of their right to self-organization, to
form, join, or assist labor organizations, to bargain collectively
through representatives of their own choosing, and to engage in
concerted activity for the purpose of collective bargaining or other
mutual aid or protection, as guaranteed in Section 7 of the National
Labor Relations Act.
2. That the respondents, Sunday Lake Iron Company and Pick-
ands, Mather & Company, their officers, agents, successors, and
assigns, take the following affirmative action which the Board finds
will effectuate the policies of the Act :
(a) Withdraw all recognition from Sunday Lake Employees' Rep-
resentation Plan, as the representative, of any of the employees at
Sunday Lake Mine, for the purpose of collective bargaining in re-
spect to grievances, labor disputes, wages, rates of pay, hours of
employment, or conditions of work, and completely disestablish Sun-
day Lake Representation Plan as such representative;
(b) Post immediately in conspicuous places at the Sunday Lake
Mine, and keep posted for a period of at least sixty (60) consecutive
days from the date of posting, notices to the employees at said
mine, stating: (1) that said respondents will not engage in the con-
duct from which they are ordered to cease and desist in paragraphs
1 (a) and (b) of this Order; (2) that said respondents will take the
affirmative action set forth in paragraph 2 (a) of this Order;
3. That the Youngstown Mines Corporation and Pickands, Mather
& Company and their officers, agents, successors, and assigns take the
following affirmative action, which the Board finds will effectuate the
policies of the Act :
(a) Withdraw all recognition from Newport Mine Workers Asso-
ciation as the representative of any employees at, the Newport Mine
for the purpose of dealing with the respondents concerning griev-
ances, labor disputes, wages, rates of pay, hours of employment, or
conditions of work, and completely disestablish the Newport Mine
Workers Association as such representative;
(b) Refuse to recognize Anvil-Palms Labor Union, as the repre-
sentative of any employees at the Anvil-Palms Mine for the purpose
of dealing with the respondents concerning grievances, labor disputes,
wages, rates of pay, hours of employment, or conditions of work;
(c) Post immediately in conspicuous places at Newport and An-
vil-Palms Mines, and keep posted for a period of at least sixty
(60) consecutive days from the date of posting, notices to the em-
ployees at said mines stating that (1) said respondents will not
engage in the conduct from which they are ordered to cease and
ODANAH IRON COMPANY 1361
desist in paragraphs 1 (a) and (b) of this Order; (2) that said
respondents will take the affirmative action set forth in paragraphs
3 (a) and (b) of this Order.
4. That the respondents, Odanah Iron Company and Pickands,
Mather & Company and their officers, agents, successors, and assigns,
shall take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Post immediately in conspicuous places at the Cary Mine and
keep posted for a period of at least sixty (60) consecutive days from
the date of posting, notices to the employees at said mine stating that
said respondents will not engage in the conduct from which they are
ordered to cease and desist in paragraph 1 (a) and (b) of this Order.
5. That the respondents Vermillion Mining Company and Pick-
ands, Mather & Company, their officers, successors, agents, and as
signs, shall take the following affirmative action which the Board
finds will effectuate the policies of the Act:
(a) Post immediately in conspicuous places at the Zenith Mine
and keep posted for a period of at least sixty (60) consecutive days
from the date of posting, notices to the employees at said mine
stating that said respondents will not engage in the conduct from
which they are ordered to cease and desist in paragraphs 1 (a)
and (b) of this Order.
6. That the respondents Odanah Iron Company, Sunday Lake
Iron Company, Youngstown Mines Corporation, Vermillion Mining
Company, Pickands, Mather & Company, and their officers, agents,
successors, and assigns 'shall notify the Regional Director for the
Twelfth Region in writing within ten (10) days from the date of
this Order, what steps said respondents have taken to comply with
this Order.
MR. WILLIAM M. LEiSERSON took no part in the consideration of
the above Decision and Order.