Inter-State Iron Co.

National Labor Relations Board - Board Decisions

Jul 8, 1943

51 N.L.R.B. 144 (N.L.R.B. 1943)

In the Matter of INTER-STATE IRON COMPANY and UNITED STEEL:
WORKERS OF AMERICA , C. I. O.
Case No. R-5577.-Decided Jiyly 8, 1943
Mr. Grover E. LeVeque, of Virginia, Minn., for the Company.
Mr. Adron Coldiron, of Hibbing, Minn., for the Union.
Mr. Joseph E. Gubbins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by the United Steelworkers of America,
affiliated with the C. I. 0., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representa-
tion of employees of Inter-State Iron Company, Virginia, Minnesota,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Clarence A.
Meter, Trial Examiner. Said hearing was held at Virginia, Minne-
sota, on June 22, 1943. The Company and the Union appeared, par-
ticipated, and were afforded full opportunity to be heard, to examine
and cross-examine witnesses,, and to introduce evidence bearing upon
the issues. The Trial Examiner's rulings made at the hearing are
free from prejudicial error and are hereby affirmed. All parties were
afforded opportunity to file briefs with the Board.
Upon the entire record in the case,. the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Inter-State Iron Company, a Minnesota corporation and a sub-
sidiary of Jones and Laughlin Steel Corporation, with its principal
office and place of business at Virginia, Minnesota, is engaged in the
business of mining and distributing iron ore. The Company operates
mines at various points in Minnesota; the Columbia Mine at Virginia,
Minnesota, is the only one involved herein. During 1943, the Company
51 N. L. R. B., No. 31.
144
INTER-STATE IRON COMPANY 145
purchased raw materials, valued at approximately $80,000, for use at
the' mine in question, 90 percent of which was shipped from places
outside the State of Minnesota. The Columbia Mine has been in the
process of development and no ore has actually been mined, but the
Company anticipates that approximately 100,000 tons of ore will be
mined before the close of the present year. Approximately 100 percent
of the anticipated ore to be mined will be shipped to points outside of
the State of Minnesota. The Company admits that it is engaged in
commerce within the meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
United Steelworkers of America, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that the Union on May 16, 1943, notified the
Company by letter that it represented a majority of the Company's
production and maintenance employees at the Columbia Mine, and
requested recognition as exclusive bargaining agent. The Company
notified the Union that it would not recognize the Union unless and
until it was certified by the Board.
A statement prepared by the Regional Director, introduced in evi-
dence, indicates that the Union represents a substantial number of
employees in the unit hereinafter found to be appropriate.,
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in substantial accordance with a stipulation of the parties,
that all production and maintenance employees of the Inter-State Iron
Company at its Columbia Mine, excluding foremen, assistant foreman
(who are not working foremen), watchmen, clerical and salaried
employees, and supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit appro-
1 The Regional Director's statement , supplemented by a statement of the Trial Examiner,
shows that the Union submitted 57 membership cards, all of which bear apparently genuine
signatures, and 52 of which bear names of persons whose names are listed on the Company's
pay roll of May 27 ,, 1943 ; there are 60 employees in the appropriate unit All the cards
are dated In 1943 with the exception of 2 cards , which are undated.
146 DECDSQONS OF NI PLONAL LABOR REQJATIONS BOARD
priate for the purposes of collective bargaining within the meaning of
Section 9 (b) of the Act.
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 our Direction of Election
herein, subject to the limitations and additions set forth in said
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 9, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining' with Inter-State Iron
Company, Virginia, Minnesota, 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 Eighteenth Region, acting in this matter as
agent for the National Labor Relations Board, and subject to Article
III, Section 10, of said Rules and Regulations, among the employees
in the unit 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 said pay-roll
period because they were ill or on vacation or temporarily laid off,
and including employees in the armed forces of the United States who
present themselves in person at the polls, but excluding any who have
since quit or been discharged for cause, to determine whether or not they
desire to be represented by United Steelworkers of American, affiliated
with the C. I. 0., for the purposes of collective bargaining.