Oliver Iron Mining Co.

National Labor Relations Board - Board DecisionsMar 14, 1942

39 N.L.R.B. 801 (N.L.R.B. 1942)

In the Matter of OLIVER IRON MINING COMPANY and STEEL WORKERS ORGANIZING COMMITTEE, C. I. O. Case No. R-3602 .-Decided March 14, 1942 Investigation and Certification of Representatives : stipulation for certification upon pay roll check. Mr. James M. Shields, for the Board. Mr. Elmer F. Blu and Mr. Clarence J. Hartley, of Duluth, Minn., for the Company. , Mr. John J. Brownlee, of Chicago, Ill., and Mr. Henry Burk- hammer, of Duluth, Minn., for the Union. Mr. Max E. Halpern, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On September 17 and October 13, 1941, and January 20, 1942, Steel Workers -Organizing Committee, affiliated 'with the Congress of Industrial Organizations, herein called the Union, filed with the Regional Director for the Eighteenth Region (Minneapolis, Minne= sota), a petition and two amended petitions, alleging that a question affecting commerce had arisen concerning the representation of em- _ ployees of Oliver Iron Mining Company, Duluth, Minnesota, herein called the Company, engaged in the mining, sale, and distribution of iron ore, and requesting an investigation and certification of repre- sentatives pursuant to Section 9 (c) of the National Labor Relation: Act, 49 Stat. 449, herein called the Act. On 'January 15,1 1942, the Company, the Union, and a representative of the National Labor Relations Board, herein called the Board, entered into a "STIPULA- TION FOR CERTIFICATION UPON PAY ROLL CHECK." On January 30, 1942, the Board, acting pursuant to Section 9 (c) of the Act, and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amendedf ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. Pursuant to the stipulation, on February 12, 1942, the Regional Director conducted a pay-roll check among employees in the follow- 39 N. L. R. B., No. 153. 801 802 DECISIONS OF 1NATIONAL LABOR RELATIONS BOARD ing respective units who were on the pay rolls of the Company as of November 30, 1941: 1. All employees of the Company in the Vermillion District, excluding foremen, assistant foremen (who are not work- ing foremen), supervisors in charge of any class of labor, policemen, watchmen, and clerical and salaried employees; and 2. All employees of the Company in the Canisteo District, ex- cluding foremen, assistant foremen (who are not working foremen), supervisors in charge of any class of labor, police- men, watchmen, and clerical and'salaried employees, to determine whether or not the employees in the above units desired to be represented for the purposes of collective bargaining by the Union. On February 25, 1942, the Regional Director issued and duly served upon the parties his Report Upon Pay Roll Check. No objections to the Report Upon Pay Roll Check have been filed by any of the parties.' As to the results of the pay-roll check, the Regional Director reported as follows:' 1. Vermillion District Total on eligibility list_ ______________________________ 907 Total names challenged______________________________ 0 Total number of employees on eligibility list whose names appeared as members of the Union in good standing as of November 30, 1941__________________ 540 II. Canisteo District Total on eligibility list_______________________________ 349 Total names challenged_____________________________ 1 Total number of employees on eligibility list whose names appeared as members of the Union in good standing as of November 30, 1941--------------- - 250 Pursuant to the stipulation, the Regional Director also made a spot check in the field among employees appearing in the records of the Union as members of the Union in good standing as `of November 30, 1941. The report of the Regional Director indicates that this spot check was made among a substantial number of such-employees and verified the accuracy of the information set forth in the records of the Union. Upon the basis of the stipulation, the Report Upon Pay Roll Check, and upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. Questions affecting commerce have arisen concerning the rep- resentation of employees of Oliver Iron Mining Company, Duluth, OLIVER IRON MINING COMPANY 803 Minnesota, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All employees of the - Oliver Iron Mining Company in the Vermillion District, excluding foremen, assistant foremen (who are not working foremen), supervisors in charge of any class of labor, policemen, watchmen, and clerical and salaried employees, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 3. All employees of the Oliver Iron Mining Company in the Canisteo District, excluding foremen, assistant foremen (who are not working foremen), supervisors in charge of any class of labor, police= men, watchmen, and clerical and salaried employees, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 4: Steel Workers Organizing Committee, affiliated with the Con- gress of Industrial Organizations, has been designated and selected by a majority of all the employees of Oliver Iron Mining Company in each of the foregoing units as their exclusive representative for the purposes of collective bargaining, and is the exclusive representative of all the employees in the said units within the meaning of Section 9 (a) of the National Labor Relations Act. CERTIFICATION OF REPRESENTATIVES 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; IT IS HEREBY CERTIFIED that Steel Workers Organizing Committee, affiliated with the Congress of Industrial Organizations, has been designated and selected by a majority of all the employees of Oliver Iron Mining Company in the Vermillion District, excluding foremen, assistant foremen (who are not working foremen), supervisors in charge of any class of labor, policemen, watchmen, and clerical and salaried employees ; and all the employees of Oliver, Iron Mining Company in the Canisteo District, excluding foremen, assistant fore- men (who are not working foremen), supervisors in charge of any class of labor, policemen, watchmen, and clerical and salaried em- ployees, as -their representative for the purposes of collective bar- gaining, and that pursuant to the provisions of Section 9 (a) of the Act. Steel Workers Organizing Committee, affiliated with the Con- gress of Industrial Organizations, is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment.