Bennett Mining Co.

National Labor Relations Board - Board Decisions

May 12, 1942

40 N.L.R.B. 1321 (N.L.R.B. 1942)

In the Matter of BENNETT MINING COMPANY AND PICKANDS, MATHER
COMPANY and LOCAL UNION 2476, STEEL WORKERS ORGANIZING
COMMITTEE, C. I. O.
In the Matter Of HOYT MINING COMPANY AND PICKANDS, MATHER &
,COMPANY and LOCAL UNION NO. 2456, STEEL WORKERS ORGANIZING
-COMMITTEE, C. I. O.
In the Matter of PICKANDS, MATHER & CO., AND CRETE MINING COM-
PANY and LOCAL UNION 2553, STEEL WORKERS ORGANIZING COM-
MITTEE, C. I. O.
Cases Nos. R-3751, R-3752, and R-3753, respectively.-
Decided May 12, 1942
Jurisdiction : iron ore mining industry.
Investigation and Certification of Representatives : existence of questions : re-
fusal to accord petitioners recognition untilrcertified by the Board ; elections
necessary.
Units Appropriate for Collective Bargaining : separate unit at each mine of the
several Companies, comprising all employees, excluding foremen, assistant
foremen (who are not working foremen), supervisors in charge of any class
of labor, policemen, and clerical and salaried employees.
Gillette, Nye, Harries & Montague, by Mr. William K. Montague,
of Duluth, Minn., for the Companies.
Mr. John J. Brownlee, of Chicago, Ill., and Mr. Adron' Coldiron,
of Hibbing, Minn., for Locals 2476, 2456, and 2553.
Mr. Harry H. Kusicin, of counsel to the Board, -
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions duly filed by Local Union 2476, Steel Workers
Organizing Committee, Local Union No. 2456, Steel Workers Or-
ganizing Committee, and Local Union 2553, Steel Workers Organizing
Committee,, all affiliated with the Congress of Industrial Organize,-
I Local 2553 was incorrectly named in the petition as "Steel Workers Organizing
Committee, C I. 0." At the hearing, the petition and other formal papers were
amended to indicate its correct name.
40 N. L. It. B., No. 235.
1321
1322 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tions, herein called Local 2476, Local 2456, and Local 2553, alleging
that questions affecting commerce had arisen concerning the repre-
sentation, respectively, of employees of Bennett Mining Company
and Pickands, Mather & Company, Keewatin, Minnesota, of em-
ployees of Hoyt Mining Company and Pickands, Mather & Company,
Hibbing, Minnesota, and of employees of Pickands, Mather & Co.
and Crete Mining Company, Hibbing, Minnesota, herein called the
Companies; the National Labor Relations Board consolidated all
three cases and provided for an appropriate hearing upon due notice
before Robert R. Rissrnan, Trial Examiner. Said hearing was' held
at Hibbing, Minnesota, on April 21, 1942. The Companies, Local
2476, Local 24.56, and Local 2553, appeared, participated, and were
afforded full opportunity to be heard, to examine and cross- examine
witnesses,-an(I to introduce evidence bearing on the issues. The Trial
Examiner's rulings, 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
Bennett- Mining Company, a Minnesota corporation, holds a min-
ing lease on the Bennett Mine near Keewatin, Minnesota, and operates
it under the management of Pickannds, Mather & Company:' Bennett
Mining Company is a jointly owned subsidiary'of Dalton Ore Com-'
pang, }Bethlehem Steel Corporation, Youngstown Sheet & Tube Com-
pany, and Pittsburgh Steel Company, the 3 last-mentioned companies
being large manufacturers of iron and steel products ihich are sold
by them in many States of the United States. In 1941, Bennett
Mining Company purchased for use in its Bennett Mine materials,
supplies, and equipment valued at approximately $155,000, a sub-
stantial portion of which originated outside the State of Minnesota,
although purchased from and, delivered by dealers in Minnesota.
During the same period, Bennett Mining Company produced from
its Bennett Mine 875,336 tons of iron ore which it shipped via the
Great Northern Railway Company to the stockholding companies in
amounts proportionate to their stockholdings. Part of the ore going
to Dalton Ore Company was sold by that company to Interlake Iron
Corporation, which consumed the ore at its Zenith Furnace at Duluth,
Minnesota. The remainder of the ore going to Dalton Ore Company
and all the ore going to -Bethlehem Corporation, Youngstown Sheet
& Tube Company, and Pittsburgh Steel Company were shipped from'
the docks of the Great Northern Railway Company at Allouez, Wis-
consin, to various Lower Great Lakes ports in several States.
BENNETT MINING COMPANY 1323
Hoyt Mining Company, a Minnesota corporation, holds a mining
lease on the Scranton Mine, near Hibbing, Minnesota, and operates
it under the management of Pickands, Mather & Company. Hoyt
Mining Company is a jointly owned subsidiary of Dalton Ore Com-
pany, Steel Company of Canada, Bethlehem Steel Corporation,
Youngstown Sheet & Tube Company, International Harvester Com-
pany, and Republic Steel Corporation, the 4 last-mentioned companies
being large manufacturers of iron and steel products which are sold
by,them>in many States of the United States._ In 1941, Hoyt Mining
Company purchased for use in its Scranton Mine materials, supplies,
and equipment valued at approximately $97,000, a substantial portion
of which originated outside the State of Minnesota, although pur-
chased from and delivered by dealers in Minnesota. During the,
same period, Hoyt Mining Company produced from its Scranton
Mine 1,025,323 tons of -iron ore, which it shipped via the Great
Northern Railway Company to the stockholding companies in amounts
proportionate to their stockholdings. Part of the ore going to Dalton
Ore Company was sold by that company to Interlake Iron Corpora-
tion, which consumed the ore at its Zenith Furnace at Duluth, Min-
nesota. The remainder of the ore going to Dalton Ore Company
and all the ore going to the other stockholding interests, except Steel
Company of Canada, were shipped from, the docks ,of the 'Great
Northern Railway Company at Allouez, Wisconsin, to various Lower
Great Lakes ports in several States. The ore going to the Steel
Company of Canada was transported to Canadian ports and used by
that company in the manufacture of iron and steel products in
Canada.
Crete Mining Company, a Minnesota corporation, holds a mining
lease on the Albany Mine, near Hibbing, Minnesota, and operates it
under the management of Pickands, Mather & Company. Crete
Mining Company is a jointly owned subsidiary of Dalton Ore Com-
pany, Sharon Steel Company, and Youngstown Sheet & Tube Com-
pany, the 2 last-mentioned companies being large manufacturers of
iron and steel products which are sold by them in many States of
the United States. In 1941, Crete Mining Company purchased for
use in its Albany Mine materials, supplies, and equipment valued at
approximately $121,000, a substantial portion of which originated
outside the State of Minnesota, although purchased from and de-
livered by dealers in Minnesota. During the same period, Crete Min-
ing Company produced from its Albany Mine 800,000 tons of iron
ore which it shipped via the Great Northern Railway Company to
the stockholding companies in amounts proportionate to their stock-
holdings. Part of the ore going to Dalton Ore Company was sold by
that company to Interlake Iron Corporation which consumed the ore
1324 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
at its Zenith Furnace at Duluth, Minnesota. The remainder of the
ore going to Dalton Ore Company and all the ore going to the other
stockholding interests were shipped from the docks of the Great
Northern Railway Company at Allouez, Wisconsin, to various Lower
Great Lakes ports in several States.
Pickands, Mather & Company is a copartnership consisting of
the, following individuals : Elton Hoyt II, Frank Armstrong, John
Sherwin, Herbert C. Jackson, George W. Striebing, D. S: Boynton,
Seymour Wheeler, and Alex D. Chisholm. Under separate contracts
with Bennett Mining Company, Hoyt Mining Company, and Crete
Mining Company, the copartnership supervises and manages the
operation of all the mines involved herein. All bills and other costs
incurred in the management of each mine are paid for by the co-
partnership out of moneys provided by the lessee mining company.
The lessee of each mine determines the amount of ore to be produced.
For its services as manager , the copartnership receives a stipulated
compensation from each of the mining companies involved.
II. THE ORGANIZATIONS INVOLVED
Local Union ' 2476, Steel Workers Organizing Committee, Local
Union No. 2456, Steel Workers Organizing Committee, and Local
Union 2553, Steel Workers Organizing Committee, are labor organiza-
tons affiliated with the Congress of Industrial Organizations, ad-
mitting to membership employees at the Bennett Mine, the Scranton
Mine, and the Albany Mine, respectively.
III. THE QUESTIONS CONCERNING REPRESENTATION
The parties stipulated that each union had requested recognition
as the exclusive bargaining representative of all employees of the com-
panies at the mine named in its petition, and that the companies
involved refused to grant such recognition without certification of
the union as such representative by the National Labor Relations
Board.
Statements of the Regional Director, in evidence, show that Local
2476, Local 2456, and Local 2553 represent a substantial number of
employees at the Bennett Mine, the Scranton Mine, and the Albany
Mine, respectively?
2 The Regional Director reported that Local 2476 had 96 application cards dated as
follows : 1 in April 1941, 65 between June and August 1941 , 7 between September and
December 1941, 22 between January and March 1942 , and 1 undated ; that all the cards
bore signatures which appeared to be genuine ; and that the names on 89 of the 96 cards
appeared on the pay roll at the Bennett Mine for February 1942. The record does not
show the number of employees appearing on that pay roll.
The Regional Director also reported that Local 2456 had 126 application cards dated
as follows : 5 between March and May 1941 , 74 between June and July 1 1941, 16 between
BENNETT MINING COMPANY 1325
We find that questions affecting commerce have 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
Relations Act.
IV. THE APPROPRIATE UNITS
We find, in accordance with a stipulation of the parties, that all
employees, excluding foremen, assistant foremen (who are not work-
ing foremen), supervisors in charge of any class of labor, policemen,
and clerical and salaried employees, at each of the mines involved
in this proceeding, viz, the Bennett Mine, Keewatin, Minnesota, the
Scranton Mine, Hibbing, Minnesota, and the Albany Mine, Hibbing,
Minnesota, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the Act.3
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the questions concerning representation .which
have arisen be resolved by elections by secret ballot among the em-
ployees in the appropriate units who were employed during the pay-
roll, period immediately preceding the date of the Direction of
Elections herein, subject to. the limitations and additions set, forth
in the Direction.
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the' National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it
is hereby
DIRECT-ED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Bennett Mining
Company and_ Pickands, Mather & Company,,at the Bennett Mine,
Keewatin, Minnesota; with Hoyt Mining Company and Pickands,
Mather & Company, at the Scranton Mine, Hibbing, Minnesota; and
August and December 1941, and 31 between January and March 1942 ; that all the cards
bore signatures which appeared to be genuine ; and that the names on 104 of the 126
cards appeared on the pay roll of February 25, 1942, at the Scranton Mine. The record
does not show the number of employees appearing on that pay roll.
The Regional Director reported further that Local 2553 had 38 application cards
dated as follows : 3 in August 1941, 20 between September and October 1941, 2 between
November and December 1941, 12 between January and March 1942, and 1 undated ;
that all the cards bore signatures which appeared to be genuine ; and that the names on
35 of the 38 cards appeared on the pay roll of March 17, 1942, at the Albany Mine.
The pay roll contained the names -of 69 employees.
3 At the hearing, the description of the bargaining unit in each petition was amended
to read as above.
1326 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
with Pickands, Mather & Co. and Crete Mining Company, at the
Albany Mine, Hibbing, Minnesota, a separate 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 super-
vision of the Regional Director for the Eighteenth Region, acting
in this matter as agent for the National Labor Relations Board and
subject to Article III, Section 9, of said Rules and Regulations,- among
the employees in' each of the units found appropriate in Section IV,
above, who, were employed during the pay-roll- period immediately
preceding the date of this Direction, including employees who did
not work during such 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 employees- who have
since quit or been discharged for cause, to determine whether or not
those at the Bennett Mine, Keewatin, Minnesota, desire to be repre-
sented by Local Union 2476, Steel Workers Organizing Committee,
affiliated with the Congress of Industrial Organizations, for the pur-
poses of collective bargaining ; to determine whether or not those
at the Scranton Mine, Hibbing,, Minnesota, desire to be represented
by Local Union No. 2456, Steel Workers Organizing Committee,
affiliated with the Congress of Industrial Organizations, for the pur-
poses of collective bargaining; and to determine whether or not those
at the Albany Mine, Hibbing, Minnesota, desire to, be 'represented
by Local Union 2553, Steel Workers Organizing Committee, affiliated
with the Congress of Industrial Organizations, for the purposes of
collective bargaining.