Oliver Iron Mining Co.

National Labor Relations Board - Board Decisions

May 11, 1942

40 N.L.R.B. 1259 (N.L.R.B. 1942)

In the Matter of OLIVER IRON MINING COMPANY and STEEL WORKERS
ORGANIZING COMMITTEE
Case No. R-3786.-Decided May 11, 1942
lnvestigation ,'and- Certification of Representatives : stipulation for certification
of representatives upon consent election.
Mr. I. Komaroff, for the Board.
Mr. Elmer F.-Blu and Mr. Clarence J. Hartley, for the Company.
Mr. Anselm D. Antonio, Mr. Clarence Lindberg, Mr. Edward S.
Rowe, Mr. Leo Collins, and Mr. John J. Brownee, for the S. W. O. C.
Mr. Frank Provencher, Mr. Harry Slade, Mr. William F. Riley,
and Mr.-James E. Bawden for the Association.
Mr. H. G. Moorhead, Jr., of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
Upon petition duly filed by Steel Workers Organizing Committee
(C. I. 0.), herein called the S. W. O. C., 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 at or near Ironwood, Michigan, in iron
ore mining, the National Labor Relations Board provided for an
appropriate hearing on due notice. On March 31, 1942, before a
hearing was held, the Company, the S. W. O. C., Employees Asso-
ciation, Oliver Iron Mining Company, Gogebic District, herein called
the Association (a labor organization 'claiming to represent em-
ployees of the Company), and a representative of the Regional
Director for the Twelfth Region (Milwaukee, Wisconsin) entered
into a "STIPULATION FOR CERTIFICATION OF REPRESENTATIVES UPON
CONSENT ELECTION."
Pursuant to the stipulation an election by secret ballot was con-
ducted on April 16, 1942, under the direction and supervision of the
Regional Director among all the employees of the Company in the
Gogebic District, excluding foremen, assistant- foremen (who are not
working foremen), supervisors in charge of any class of labor,
40 N. L R. B., No. 224.
1259
' 1260 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
policemen, watchmen, and clerical and salaried employees, for the
purpose of determining whether a majority of the employees de-
stribed above desired to be represented by the S. W. O. C. or the
Association for the purposes of collective bargaining, or by neither.
On April 22, 1942, the Regional Director issued and duly served
upon the parties an Election Report on the ballot. No objections to
the conduct of the ballot or to the Election Report have been filed by
any of the parties.
In his Election Report, the Regional Director reported as follows
concerning the balloting :
Total on eligibility list______________________________________ 433
,Total ballots cast___________________________________________ 415
Total ballots challenged_________________
77 ---------------
7
Total blank ballots_________________________________________ 0
Total void•ballots-------- `_______ --_-----------------_______ 4
Votes cast for Steel' Workers Organizing 'Committee (C. I. O.) _ 272
Votes cast for Employees Association, Oliver Mining Company,
Gogebic District_________________________________________ 110
Votes cast for neither organization__________________________ 22
Upon the basis of the stipulation, the Election Report, and the
entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Oliver Iron Mining Company, within the
meaning of Section 9 (c) and Section 2 (6) and (7) of the National
Labor Relations Act.
2. All employees of the Company in the Gogebic District, excluding -
foremen, assistant foremen (who are not working foremen), super-
visors 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 National Labor Relations Act.
3. Steel Workers Organizing Committee (C. I. 0.) has been desig-
nated and selected by a majority of the employees in the above unit
as their representative for the purposes of collective bargaining, and
is the exclusive representative of all employees in said unit, 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, ,
OLIVER IRON MINING COMPANY 1261
IT IS HEREBY CERTIFIED that Steel Workers Organizing Committee
(C. I. 0.) has been designated and selected by a majority of all
employees of the Company in the Gogebic 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, as their representative for the purposes of col-
lective bargaining, and that pursuant to Section 9 .(a) of the Act,
Steel Workers Organizing Committee (C. I. 0.) 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.