Snyder Mining Co.

National Labor Relations Board - Board Decisions

Sep 16, 1942

44 N.L.R.B. 32 (N.L.R.B. 1942)

In the Matter of SNYDER MINING COMPANY and UNITED STEELWORKERS
OF AMERICA, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANI-
ZATIONS
Case No. 0-2313-Decided September 16,13.E
Jurisdiction : mining industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Qrders : entered on stipulation.
Mr. T. Lowry Whittaker and Mr. Robert R. Rissman, for the Board.
Gillette, Nye, Haries cC Montague, by Mr. K. W. Montague, of Du-
luth, Minn,, for the respondent.
Mr.. Androy Coldiroy and Mr. John J. Brownlee, of Chicago, Ill.,
for the C. I. O.
Mr. Louis Brannen, of Eveleth, Minn., Mr. John Kostelic, of Chis-
holm , Minn ., and Mr. Leonard Aho, of Hibbing, Minn., for the Inde-
pendent.
Mr. Mozart G. Ratner, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by United Steel-
workers of America, affiliated with the Congress of Industrial Organi-
zations, herein called the C. I. O., the National Labor Relations Board,
herein called the Board, by the Acting Regional Director for the
Eighteenth Region (Minneapolis, Minnesota), issued its complaint
dated August 6, 1942, against Snyder Mining Company, Chisholm,
Hibbing, and Eveleth, Minnesota, herein called the respondent, alleg-
ing that the respondent had engaged in and was engaging in unfair
labor practices^affectin.commerce'within the meanin*-of Section 8 (1)b
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,
accompanied by notice of hearing, were duly served upon the respond-
ent, the C. LO., and the Arrowhead Independent Labor Union, herein
.called the Independent:
44 N. L R. B, No. 2.
32
SNYDER MINING COMPANY * '
:^. 33
Concerning the unfair labor • practices, the complaint alleged, in
,substance that the respondent (1) on and after July,5, 1935, continued
to maintain a company-dominated, labor organization called the Plan,
at the Shenango Mine and Webb Mine, and on or about March 1937
suggested to its employees at the Virginia Mine the adoption *of a
company-dominated plan of employee representation; (2) suggested
to its employees at said mines the formation of Arrowhead Independ-
ent Labor Union as the successor labor organization to the Plan, and
fostered the formation of and dominated and interfered with, and
contributed financial and other support to the Independent; (3) by
and through various supervisory employees advised, exhorted, and
warned its employees to become members of the Plan and/or its suc-
cessor, the -Independent; (4) permitted officers, repreEentatives and
members of the Plan, or its successor, the Independent, to organize,
promote and otherwise foster the interests of the Independent although
refusing to permit the same privileges to the C. 1 0 , and (5) by
the foregoing acts and other specified acts and conduct interfered,
restrained, and coerced its employees in the right- guaranteed in
Section 7 of the Act.
On August 17 respondent filed an answer to the complaint admit-
ting certain allegations thereof, but denying that it had engaged in
any unfair , labor practices.
Prior to the scheduled hearing, the respondent, the C..1. 0, the
Independent, and counsel for the Board entered into a stipulation in
settlement of the case subject to approval by the Board. The stipula-
tion provides as follows :
It being the mutual desire of all parties hereto willingly and
amicably to adjust any differences that may have arisen among
them, as presented by the issues herein, and to conclude all pro-
ceedings before the National Labor Relations Board in this
matter,
IT Is HEREBY STIPULATED AND AGREED by and among the Snyder
Mining Company,.herein after called the Respondent; United Steel
Workers of America, affiliated with the C . I. O., hereinafter^called
the Union; Arrowhead Independent Labor Union at the Shenango
Mine, hereinafter called the Shenango Independent; Arrowhead
Independent Labor Union at the Webb Mine, hereinafter called
the Webb Independent; Arrowhead Independent Labor Union
at the Virginia Mine, hereinafter called the Virginia Independent;
and T. Lowry Whittaker, attorney for the National Labor Rela-
tions Board:
I
Upon charges and amended charges duly filed by the Union,
the National Labor Relations Board, hereinafter called the
447495-42-N of 44--3
34 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Board, by its Acting Regional Director for the Eighteenth Re-
gion, acting pursuant to authority granted in Section 10 (b) of
the National Labor Relations Act, in Article IV, Section 1 of the
National Labor Relations Board Rules and Regulations , Series
2; as amended , duly issued its Complaint and Notice of Hearing
on August 6, 1942, against Respondent , alleging that Respondent
had engaged, and was engaging, in unfair labor practices affecting
commerce , within the meaning of Section 8 ( 1) and ( 2), and
Section 2 ( 6) and (7) of the Act.
II
All parties hereto acknowledge due and timely service of the
Complaint, Notice of Hearing, Order of Continuance, and Third
Amended Charge, and expressly waive further pleadings, hearing,
and the making of findings of fact and conclusions of law by the
Board.
III
The Snyder Mining Company is a corporation organized and
existing under and by virtue of the laws of the State of Minnesota
since January 1, 1930, and is authorized to conduct business in
the State of Minnesota . Fifty percent of the stock of the Com-
pany is owned by the Shenango Furnace Company, a Pennsyl-
vania corporation , and the other fifty percent of the stock is
owned by the Crucible Steel Company, a New York corpora-
tion. The principal office of the Respondent, is located in Duluth,
Minnesota. The Respondent holds lease or fee to and operates
three iron ore mines in St. Louis County , Minnesota , open pit and
underground ; namely, the ' Shenango Mine located in or. near
Chisholm, Minnesota ; the Webb Mine located in or near Hibbing,
Minnesota , and the Virginia Mine located in or near Eveleth,
Minnesota . The Respondent also holds lease or fee to two non-
operating properties known as the ' Whiteside Property 'and the
South Tener, Property, located i in St. Louis County, Minnesota.
The Respondent is engaged in the, mining , sale, and distribution
Ho f various grades of iron ore. The principal materials , supplies,
and necessary equipment, purchased by the Respondent are coal,
timber, track 'material, , inechanicai shovels, ' trucks, machinery,
el'ectrical ' supplies , grease and oil, gasoline, and miscellaneous
machinery part 's and equipment . During the calendar year 1941,
the total value of these materials 'purchased exceeded $100,000,
and during the first six months of 1942 , it exceeded $100,000.
Substantially all of said materials and supplies were purchased
from ,dealers within the State of Minnesota , but more than half
of the amount thereof originated from without the State of
SNYDER MINING COMPANY 35
Minnesota. During the calendar year of 1941, the total value
of the iron ore produced and sold by the Respondent exceeded
$500,000, all of which was sold and transported to points outside
the State of Minnesota. Said iron ore was transported from
various mines of the Respondent by railroad to docks at Duluth-
Superior, and loaded into vessels and shipped to Lower Lake ports
in States other than Minnesota. The purchased materials were
transported to the Respondent's mines by truck and by railroad.
Approximately 103 employees are employed by the Respondent at
its Shenango Mine, 247 employees at its Webb Mine, and 114
employees at its Virginia Mine. Approximately a total of 464
employees are employed by the Respondent.
IV
The Union, the Shenango Independent, the Webb Independent,
and the Virginia Independent are labor organizations within
the meaning of Section 2 (5) of the Act.
V
The Respondent asserts its denial that it has committed any
unfair labor practices as alleged in the complaint.
VI
This stipulation for settlement, together with, the Third
Amended Charge, the Complaint, Notice of Hearing, Proof of
'Service of the Complaint, Respondent's Motion for Extension of
Time of Hearing, Order, of Continuance, and Proof of Service
thereof; and Respondent's Answer to Complaint may be filed with
.the Acting Chief Trial Examiner of the National Labor Relations
Board at•Washington, D. C., and when so filed, shall constitute
the entire record in the case.
VII ',.
Upon the 'entir'e' record as 'set forth in: Pa'ragraph` VI above,
an'order may lei f'&th*ith entered by 'the National"Lab'or' Rela-
tion's'Board Z5'roviding'as follows':
Snyder Mining Company, its officers;' agents,'sizccessors and
assigns shall :
1. Cease and desist from :
;(a) In any manner interfering with, restraining or coercing its
employees in' the ^ exercise of their rights to,. self-organization, to
form, join or assist. labor organizations, to bargain collectively
through ,representatives of their own. choosing, and to engage in
0
36 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
concerted activities for their mutual aid and,protection as guaran-
teed in Section 7 of the National Labor Relations Act;
(b) - In any mariner dominating or interfering with the adminis-
tration of Arrowhead Independent Liibor Union at the Slienango
Mine; Arrowhead Independent Labor Union at the Webb Mine;
and Arrowhead Independent Labor Union at the Virginia Mine,
or the formation or administration of any other labor organiza-
tion of its employees, or contributing financial or other support to
Arrowhead' Independent Labor'Union at the' Slienango Mine;
Arrowhead Independent Labor Union at the Webb Mine, and
Arrowhead Independent Labor Union at the Virginia Mille, or
to any other labor organization of its employees.
2. Take the following affirmative action to effectuate the policies
of the National Labor Relations Act :
(a) Withdraw all recognition from Arrowhead Independent
Labor Union at the Shenango Mine, Arrowhead Independent
Labor Union at the Webb Mine, and Arrowhead' Independent
Labor Union-at the Virginia Mine, as representatives of any of its
employees for the purpose of dealing with the Respondent con-
cerning grievances, labor disputes, wages, rates of pay, hours of
employment, or other conditions of employment; and completely
disestablish Arrowhead Independent Labor Union at the Shenango
Mine, Arrowhead Independent.- Labor Union at the Webb Mine,
and Arrowhead Independent Labor Union at the Virginia Mine,
as such representatives ; -
(b) Post immediately upon entry of this Order by the National
Labor Relations Board, and maintain for a period of at least sixty
(60) days from the date of posting in conspicuous places at Re-
spondent's place of business, notices stating :
'(1) That Respondent will not engage in conduct from which
it is ordered to cease and desist in Paragraph 1 (a) and (b) of
this order ;
(2). That Respondent will take the affirmative action set forth
in Paragraph 2 (a) of this order; and
(c). Notify the Regional Director for the Eighteenth Region
within ten days of the date of the entry of this order by the Na-
tional Labor Relations Board of the steps which Respondent has
taken to comply herewith.
VIII-
The parties hereby consent to entry by any appropriate United
States Circuit Court of Appeals upon application by the Board
thereto of a decree enforcing the order of the Board in the terms
set forth above, and waive their rights to contest the entry of such
SNYDER MINING - COMPANY 37
clecree, , ancl further waive any and all requirements of notice of
filing of such application by the Board, providing that a copy of
said decree shall be served upon the respondent after, its entry.
Ix
This stipulation and agreement is subject to the approval of,the
Board and shall become effective immediately upon the granting
of such approval.
The entire agreeineflt is contained within the terms of this
stipulation, and there is no verbal agreement which varies or
alters the terms of this stipulation.
On August 31, 1942, the Board issued its order approving the stipu-
lation , making it a part of the record and pursuant to Article II, Sec-
tion 36, of National Labor Relations Board Rules and Regulations-
Series 2, as amended, transferring the proceeding to the Board for the
purpose of the entry of a decision and order, pursuant to the provisions
of the stipulation.
Upon the basis of the above stipulation and upon the entire record
in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The respondent, Snyder Mining Company, is a Minnesota corpora-
tion engaged in the mining, sale, and distribution of various grades
of iron ore. Fifty, percent of the stock of the respondent is owned by
the Shenango Corporation, ii Pennsylvania corporation, and the other
50 percent of the stock is owned by the Crucible Steel Company, a
New York corporation. The respondent's principal office is located
in Duluth, Minnesota . The respondent owns or leases and operates
three iron ore mines in St. Louis County, Minnesota, namely, the
Shenango Mine located in or near Chisholm, Minnesota ; the Webb
Mine located in or near Hibbing, Minnesota, and the Virginia Mine
located in or rear'Eveleth, Minnesota. The respondent also holds
leases or fee title to two non-operating properties known as the White-,
side Property and the South Tener Property, located in St. Louis
County, Minnesota. During the first 6 months of 1942 respondent
purchased supplies and equipment consisting of coal, timber, track
material, mechanical shovels, trucks, machinery, electrical supplies
and miscellaneous machinery parts and equipment amounting in value
to over $100,000. Substantially all of these materials and supplies
were purchased front dealers within the State of Minnesota, but more
than half of the amount thereof originated from without the State of
38 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Minnesota. During the- calendar-, year of 1941, the total value of the
iron ore produced and sold by the respondent exceeded $500,000, all
of which was sold and transported to points outside the State of
Minnesota.
, We find that the above-described operations constitute a continu-
ous flow of trade, traffic, and commerce among the several States.
ORDER'
Upon the basis of the above findings of fact, the stipulation, and
the entire record in the case, and pursuant to Section 10 '(c) of the
National Labor Relations Act, the 'National Labor Relations Board
hereby orders that Snyder Mining,Company, Duluth, Minnesota, its
officers, agents, successors, and assigns, shall:
1. Cease and desist from :
(a) In any manner interfering with, restraining, or coercing its
employees in the exercise of-their rights to self-organization, to form,
join or assist labor organizations, to bargain collectively through
representatives of their own choosing, and to engage in concerted
activities for their mutual aid and protection as guaranteed in Sec-
tion 7 of the National Labor Relations Act; .
(b) In any manner dominating or interfering with the adminis-
tration of Arrowhead Independent Lalior Union at the Shenango
Mine; Arrowhead Independent Labor Union at the Webb Mine; and
Arrowhead Independent Labor Union at the Virginia Mine, or the
formation or administration of any other labor organization of its
employees, or contributing financial or other support to Arrowhead
Independent Labor Union at the Shenango Mine; Arrowhead Inde-
pendent Labor Union at the Webb Mine, and Arrowhead Independent
Labor Union at the Virginia Mine, or to any other labor organization
of its employees.
2. Take the following affirmative action to effectuate the policies of
the National Labor Relations Act :
(a) Withdraw all recognition from Arrowhead Independent Labor
Union at the Shenango Mine, Arrowhead Independent Labor Union
at the Webb Mine, and Arrowhead Independent Labor Union at the
Virginia Mine, as representatives of any of its employees for the
purpose of dealing with the Respondent concerning grievances, labor
disputes, wages, rates of pay, hours of employment, or other condi-
tions of employment; and completely disestablish Arrowhead Inde-
pendent Labor Union at the Shenango Mine, Arrowhead Independent
Labor Union at the Webb Mine, and Arrowhead Independent Labor
Union at the Virginia Mine, as such representatives;
(b) Post immediately upon entry of this Order by the National
Labor Relations Board, and maintain for a period of at least sixty
SNYDER MINING COMPANY 39
(60) days from the date of posting in conspicuous places at Respond-
ent's place of business , notices stating :
(1) That Respondent will not engage in conduct from which it is
ordered to cease and desist in Paragraph 1 (a) and (b) of this order;
(2) That Respondent will take the affirmative action set forth in
Paragraph 2 (a) of this order; and .
(c) Notify the Regional Director for the Eighteenth Region within
ten days of the date of the entry of this order by the National Labor
Relations Board of the steps which Respondent has taken to comply
herewith.