Pickands, Mather & Co.

National Labor Relations Board - Board Decisions

Oct 12, 1942

44 N.L.R.B. 1080 (N.L.R.B. 1942)

In the Matter Of PICKANDS, MATHER & COMPANY, VERONA MINING
COMPANY, AND JAMES MINING COMPANY and LOCAL 2679, UNITED
STEELWORKERS OF AMERICA
Case No. R-4295.-Decided October 12, 1942
Jurisdiction : iron mining industry.
Investigation and Certification of Representatives : existence of question : con-
flicting claims of rival representatives ; contract for one year unless sooner
terminated on 20 days' notice, held no bar ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance
employees at the three mines owned by two of the companies and operated
by the third.
Mr. Clarence A. Meter, for the Board.
Mr. James F. Veach, of Cleveland, Ohio, and Mr. Donald D.
Harries, of Duluth, Minn., for the Companies.
Mr. John G. Brownlee, of Chicago, Ill., and Mr. W. E. Whitaker,
of Iron River, Mich., f or the U. S. A.
Mr. Leigh, C. Casevell, of Crystal Falls, Mich., for the Independent.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Local 2679, United Steelworkers of
America, herein called the U. S. A., alleging that' a question affecting
commerce had arisen concerning the representation of employees of
Pickands, Mather & Company, Verona Mining Company, and James
Mining - Company, Iron River, Michigan, herein collectively called
the Companies, the National Labor Relations Board provided for an,
appropriate hearing upon due notice before Stephen M. Reynolds,
Trial Examiner. Said hearing was held at Iron River, Michigan, on
September 22, 1942. The Board, the Companies, the U. S. A., and
Independent Mine Employees Union, herein called the Independent,
appeared and participated. All parties were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. The Trial Examiner's,rul-
44 N. L. R. B., No. 208.
1080
PICKANDS , MATHER & COMPANY 1081
ings made at the hearing are - free from prejudicial error and are
hereby affirmed. ' -
Upon the entire record , in the, case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANIES
Verona Mining Company is a Michigan corporation engaged in the
production of iron ore . It holds leases on the iron ore properties
known as the "Buck" and "Bengal" Mines , located near Iron River,
Michigan, and operates them through the facilities of Pickands,'
Mather & Company as described below. In producing iron ore from
these two properties during 1941 , the Verona Mining Company used
materials valued at several hundred thousand dollars, obtained
largely from sources outside of Michigan . During the • same period
production , of iron ore amounted to 357,166' tons from the Bengal
Mine and 400,000 tons from the Buck Mine. All of this ore was
transported by railroad to Escanaba , Michigan , and from there,
shipped by boat to ports on Lake Erie and Lake`Mich'igan.
James Mining Company is a Michigan, corporation . It operates
the "James" Mine, near Iron River, Michigan , through the facilities
of Pickands, Mather & Company as described below.
Pickands, Mather & Company, a co-partnership, operates the Buck
and Bengal Mines pursuant to a contract with the Verona Mining
Company. Pursuant to a separate , . but similar , contract with the
James Mining Company, it manages and operates the James Mine.
Pickands, Mather & Company hires,, oversees, and discharges laborers
of all classes at the Buck, Bengal, and James Mines ; furnishes super-
intendents and supervisors having the necessary mining and engi-
neering skill ; cares for and protects the mine equipment during idle
periods ; effects proper workmen's compensation and other insurance;
and procures and purchases for the account of the Verona Mining
Company and the James Mining Company the necessary mining
material , supplies and equipment . All salaries and wages of em-
ployees at the mines , and all bills for equipment , materials or sup-
plies, all insurance premiums and other costs incurred in the course
of the operation of the mines are paid by Pickands, Mather & Com-
pany out of monies provided by the Verona Mining Company and
the James Mining Company.
II. THE ORGANIZATIONS INVOLVED
Local 2679, United Steelworkers of America , is a . labor organiza-
tion affiliated with the Congress of Industrial Organizations, admit
ting to membership, employees at the Buck, Bengal , and James
Mines.
1082 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Independent Mine Employees Union is an unaffiliated labor organ=
ization, admitting to membership employees at the Buck, Bengal, and
James Mines.
III. THE QUESTION CONCERNING REPRESENTATION
On July 19, 1941, the Independent and the Companies entered into
an exclusive contract to continue in effect for a,period of 1 year,
unless sooner terminated on 20 days' notice. During May and June
1942, representatives of the U. S. A. attempted to get in touch with
the Companies with respect to the U. S. A.'s representation claims but
were unable to do so. ' On July 15, 1942, the Independent requested
the Companies to renew the existing agreement and also requested
that certain changes be made therein. On July 31, 1942, the Inde-
pendent and the Companies extended the July 19, 1941, contract for
another year, but continued the provision permitting termination of
the contract on 20 days' notice. On August 4, 1942, the U. S. A. re-
quested the Companies for a conference for collective bargaining pur-
poses. On August 6, 1942, the Companies notified the U. S. A. that
they would meet with it in the near future to discuss the subject
matter of the U. S. A.'s letter of August 4. On August 20, 1942, the
U., S. A. filed its petition herein. Counsel for the Companies contends
that their contract with the Independent, as renewed on July 31, 1942,
constitutes a bar to a present determination of representatives and
urges that the petition be dismissed. The contract, however, is for an
indefinite period inasmuch as it provides for termination upon 20
days' notice by either party. Under the circumstances, we find that
the contract does not constitute a bar to a determination of repre-'
sentatives at this time.'
A statement of the Trial Examiner, read into evidence during the
hearing, indicates that the U. S. A. and the Independent each repre-
sents a substantial number of the employees in the unit' hereinafter
found to be, appropriate.2
We'find that a question affecting commerce has arisen concerning
the representation of employees of the Companies, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the National Labor Re-
lation s Act.
1 Cf Matter of Mill B , Division of Irwin & Lyons , partners, doing business under the
assumed name of Irwin if Lyons and International Woodworkers of America, Local 116
O I O, 40 N L R B. 316
2 The Trial Examiner reported that the U. S. A. presented 441 membership cards bearing
apparently genuine signatures of persons whose names appear on the Companies ' pay roll of
September 21, 1942. He further reported that the Independent presented 229 membership-
application -cards bearing apparently genuine signatures of persons whose names appear
on that pay roll. There are approximately 740 persons in the unit hereinafter found to be
appropriate.
PICKANDS, MATHER & COMPANY
IV. THE APPROPRIATE UNIT
1083 ,
We find, in accordance with a stipulation of the, parties, that all
production' and maintenance employees at the Buck, Bengal, and
.James Mines of-the Companies, excluding foremen, assistant foremen,
policemen, watchmen, and employees in a clerical or supervisory ca-
pacity, constitute a unit appropriate for the purposes of collective bar-
gaining, within the meaning of Section 9 (b) of the Act.3
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the' em-
ployees in the appropriate unit who were employed, during the pay-roll
period immediately` preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the Direction.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
and pursuant to Article III, Section 8, of National Labor Relations
Board Rules'arid Regulations-Series 2, as amended, it is1ereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purpose's of collective bargaining with Pickands, Mather
Company, Verona Mining Company, and James Mining Company,
Iron River, Michigan, an election by secret ballot shall be conducted
as early as possible, but not later than thirty (30) days from the date
of this Direction, under the direction and supervision of the Regional,
Director for the -Twelfth Region, acting in this matter as agent for
the National Labor Relations Board, and subject to Article III, Sec-
tion 9, of said Rules and Regulations, among the employees in, the
unit found appropriate in Section IV, above, who were employed dur-
ing the pay-roll period immediately preceding the date of this Direc-
tion, including any such employees who did not work during said
pay-roll period because they were ill or on vacation or in the active
military service or training of the United-States, or temporarily laid
off, but excluding any.tilio have since quit or been discharged for cause,
to determine whether they. desire to be represented by Local 267 9,
United Steelworkers of America, affiliated with the Congress of In-
dustrial Organizations, or by Independent Mine Employees Union,
for the purposes of collective bargaining, or by neither.
MR. Wire. M: LEISERSON took no part in the consideration of the above
Decision and Direction of Election.
3 This is the same unit as provided for in the contract between the Independent and the
Companies. -