N. L. R. B. EXHIBIT No. 352 OLIVER IRON MINING CO. N. L. R. B. EXHIBIT No. 352-A 12th Region To: Mr. Robert J. Wiener, Regional Director, 18th Region. OCTOBER 4, 1939. Subject: Oliver Iron Mining Co., Cases XII-C-325, XII-C-501, XVIII-C-304. Pursuant to our 'phone conversation of this afternoon with reference to the above captioned matters, I am herewith enclosing a copy of the Agreement, in settlement of Case No. XII-C-325, entered into on August 9, 1939, between the Oliver Iron Mining Company, International Union of Mine, Mill and Smelter Workers, and Steel Workers Organizing Committee, and approved by Regional Director John G. Shott. The charges in Case No. XII-C-325 have been withdrawn and that case now appears on our records as closed. The undertakings agreed to by Local No. 129, by International Union of Mine, Mill and Smelter Workers, and by the Steel Workers Organizing Committee, are of a wide scope and cut across your region. In this connection, I should like to point out specifically the undertakings which appear on pages 3 and 4 of the enclosed agreement. FREDERICK P. METT. Enclosure N. L. R. B. EXHIBIT No. 352-B OCTOBER 5, 1939. To: National Labor Relations Board. There has just come to my attention the enclosed settlement agreement involving the Oliver Iron Mining Company which was handled in the Twelfth Region. Although I had no prior knowledge of it, this agreement disposes of all matters in Minnesota as well as in Wisconsin and Northern Michigan, with the exception of charges which may be limited to an allegation of 8 (2) violation. The pertinent paragraphs appear to be those pointed out by Mr. Mett in his memorandum of October 4, namely, those on pages 3 and 4. I closed Case No. XVIII-C-304 on July 15, 4 weeks having elapsed since the writing of my dismissal letter. Under date of July 17, we received a memorandum advising that an appeal had been received, and, accordingly, the case was reopened. It has remained pending awaiting disposition by the Board until the present. Since Lommon filed the appeal in our case, and since Lommon was also a signator to the enclosed settlement agreement negotiated in the Twelfth Region, it would seem to me that this latter agreement disposes of all charges previously filed by or through Lommen, and that the Board could dispose of his appeal in XVIII-C-304 on this basis at the present time. Sincerely, NATIONAL LABOR RELATIONS BOARD TWELFTH REGION Week ending August 26, 1939 CLOSED CASE REPORT Case No. XII-C-325. Name of company: Oliver Iron Mining Co. Name of union: International Union of Mine, Mill & Smelter Workers, Local 129. Affiliation: CIO. Strike: No. Selections of act involved: 8(1) (2) (3). Number of workers involved: 800. Detailed report as to action taken to close case (if election, give results): Stipulation entered into between Union and Company as result of numbers of conferences. Copy of stipulation and other documents attached. I will keep you posted on any further developments on this phase of the e s. May I hear from you shortly as to the Board's position on my recommendat.ogs for authority to issue a Notice of Hearing on the objections to the ballot. Very truly yours, (s) FREDERICK P. METT. N. L. R. B. EXHIBIT NO. 351-C INTER-OFFICE COMMUNICATION To: Mr. Frederick P. Mett, Director, Twelfth Region. Subject: Milwaukee Publishing Company, Case No. R-953. JANUARY 26, 1939. The Board has considered your report on the Guild's objections to the election in the commercial unit, and is of the opinion that a hearing thereon is not justified on the basis of present information concerning company interference. The Board requests, however, that you investigate further and advise within a week whether there is any further evidence of a more substantial nature than that thus far presented. Concerning the matter of the pressroom porters, the Board concluded that if the Guild refuses to stipulate to their exclusion from the editorial unit, a hearing on this question will be necessary. However, such hearing will be held in abeșance pending receipt of further information on the Guild's protests, since it the Board's understanding that if a hearing on the Guild's protests is authorized. the Guild will enter into such stipulation. The Board further decided that the circumstance of the recent lay-offs, in the absence of any evidence of discrimination, should not affect the elections already held. /s/ N. W. N. L. R. B. EXHIBIT No. 351-D INTER-OFFICE COMMUNICATION FEBRUARY 3, 1939. To: Nathan Witt, Secretary, National Labor Relations Board. Subject: Milwaukee Publishing Co., R-953. Further investigation, as suggested by you in your communication of January 26, 1939, of the Guild's objections to the election in the Commercial Unit reveals no further evidence of a more substantial nature than that which has thus far been presented to you. In fact, the investigation just completed reveals no evidence in addition to that already presented. After several weeks of negotiations with representatives of the Guild, I was yesterday advised by the president of the Guild that he had been given authority of his Executive Board to enter into a stipulation excluding from Unit (a) all of the employees claimed by the Paper Handlers Union No. 22, namely, not only the press room porters but also one mail room porter. As yet I have not found time to prepare the stipulation in accordance with your telegraphic instructions of January 7. I will prepare the stipulation as soon as possible, obtain the neeessary signatures thereto, and will then forward the same to you. That the Guild will be very unhappy about the Board's refusal to grant it a hearing on the objections to the election in the Commercial Unit goes without saying. The Guild still feels strongly that it is entitled to a favorable ruling on its motion for a Run Off election, with both the Office Workers and the Guild on the ballot without "Neither" appearing thereon. It contends that since the elec tion was won by only a few votes; and since there was a measure of legal interference, it is entitled to have the results of the election upset or at least to have a place on the Run Off ballot. During the last few days, the Guild has sought to obtain signatures from the employees in the Commercial Unit to a petition des ignating it as the collective bargaining representative in that unit. The Guild has been unsuccessful in obtaining the signatures of a majority of the employees. The morale of the employees has been shaken by the recent lay-offs, despite the fact that there apparently was no discrimination against Guild members in connection with these lay-offs. The Guild representatives inform me that the employees in the Commercial Unit, because of the delay incident in the Ascertainment of the collective bargaining representative, have lost considerable of their interest in the whole affair. Very truly yours, (s) FREDERICK P. METT, Acting Regional Director. (Supplemental Decision, Certification of Representatives and Second Direction of Election In the Matter of Milwaukee Publishing Co. and Milwaukee Newspaper Guild (C. I. O.), Case No. R-953, was received in evidence, marked "N. L. R. B. Exhibit No. 351-E," and is on file with the committee.) N. L. R. B. EXHIBIT No. 351-F WISCONSIN STATE INDUSTRIAL UNION COUNCIL Mr. J. WARREN MADDEN, Washington, D. C. MARCH 17, 1939. MY DEAR MR. MADDEN: We are deeply concerned here with events at the Milwaukee Sentinel, and the manner in which this case has been handled. This is the truly amazing series of events: 1. The Guild signs up a majority of the employes in the commercial departments, and the management agrees to proceed with bargaining. 2. An AFL union comes to the board and states it demands to be recognized. This union is unable to show a single member in the plant. 3. Omer S. Hoebreckx of the Board's regional office (in my presence) suggests to the AFL business agent that since he does not have any membership cards, he circulate a petition in the Sentinel office on which employes can designate his group! 4. A hearing is held. The examiner rules that an election must be held, along craft lines. 5. An election is held, the Guild winning in the editorial department, losing in the commercial by four or five votes, but getting a clear majority in the plant-wide unit it had insisted upon. 6. One of the two newspapers go out of circulation and 28 of the commercial department employes were laid off. 7. The Board now orders a run-off election-leaving the Guild entirely off the ballot. 8. The same Mr. Hoebreckx now rules that the 28 laid off employes were "discharged for cause," and are therefore not eligible to vote in the election! The AFL wins by a vote of 46 to 39 no's. This, then, is what has happened: The Guild, after two years of organization work in the commercial departments secures a majority and wins the company's agreement to bargain. A Labor Board representative then allows the AFL-without a single member in the plant (this was admitted to in the hearing) to disrupt the negotiations, partake in an election, which a Labor Board examiner orders held upon the AFL's terms. With the company now fully cooperating with the AFL-as they have in Chicago and in other cities-the Guild is eliminated by a few votes. In the run-off the Guild is knocked completely out of the picture, not even appearing on the ballot, while the union without a member is given the run of the field. As though this were not enough, a Labor Board examiner rules out 28 persons, everyone of whom benefited under the severance bonus established by the Guild, and who were virtually certain to have voted for the Guild. We take the position that in this particular case, the Board and its regional representative, Mr. Hoebreckx, and its trial examiner have in effect carried out a series of acts highly prejudicial against the only legitimately interest union, the ADJUSTED CASE REPORT 1. Was charge (or petition) adjusted by settlement agreement? Yes. Was settlement agreement reduced to writing? Yes. If so, attach copy. Did regional office participate in securing agreement between parties? Yes. 2. Was alleged company union disestablished? No. Was company's recognition of or contract with such company union rescinded? 3. Number of workers reinstated (after strike or lockout: None) (after dscriminatory discharge: None). Amount of back pay, $11,800.00. Number of workers receiving back pay: 35. 4. Did parties enter into collective bargaining negotiation: Yes. If so, was a written collective bargaining agreement entered into? Negotiations still cotinuing. If so, attach copy. If collective bargaining agreement not in writing. set forth main terms 5. Was notice posted? Will be. How long posted? 60 days. (See Act? Yes. Section 8 (1)? Yes. Section 8 (5) (See agreement) If so, attach exact copy. agreement) Does notice cover Section 7 of Section 8 (2)? Yes. Section 8 (3)? Yes. 6. Has company furnished proof of compliance? Yes. If so, attach copy. Has union furnished confirmation of compliance? Yes. If so, attach copy. 7. Does adjustment completely dispose of all allegations in charge? not, give explanation: Yes. If Mr. JOHN G. SHOTT, AUGUST 15, 1939. Milwaukee, Wisconsin. Regional Director, Twelfth Region, N. L .R. B., Re: Oliver Iron Mining Co., Case No. XII-C-325. LOCAL NO. 129, INTERNATIONAL UNION Request granted: August 15, 1939. JOHN G. SHOTT, IRONWOOD, MICHIGAN, August 16, 1939. Received of Mr. John G. Shott, Regional Director, Twelfth Region, National Labor Relations Board, Milwaukee, Wisconsin, a check of the Oliver Iron Mining Company dated August 9, 1939, in the amount of Eleven Thousand Eight Husdred Dollars, ($11,800.00) made payable to the undersigned as attorney for Local No. 129, International Union of Mine, Mill and Smelter Workers. The said check was turned over to the said Regional Director by the Oliver Iron Mining Company on August 9, 1939, in accordance with the provisions of an agreement of the same date. Pursuant to the provisions of the said agreement, an arrangement was entered into between the Board and the undersigned as attorney for Local No. 129, International Union of Mine, Mill and Smelter Workers, providing for the distribution of the proceeds of said check. The terms of this arrangement are embodied in a communication dated August 12, 1939, received by the undersigned from the said Regional Director. A copy of the said communication is attached to this receipt. Distribution of the proceeds of the said check will be made by the undersigned pursuant to the terms of the said agreement. GEORGE H. LOMMEN, As Attorney for Local No. 129, International Union AUGUST 12, 1939. Re: Oliver Iron Mining Company, Case No. XII-C-325 First National Bank Bldg., Eveleth, Minnesota. DEAR MR. LOMMEN: The agreement between the Oliver Iron Mining Company and Local No. 129, International Union of Mine, Mill and Smelter Workers, and Steel Workers Organizing Committee on behalf of Amalgamated Association of Iron, Steel and Tin Workers of North America, and International Union of Mine, Mill and Smelter Workers of America, dated August 9, 1939, provided for the payment of $11,800.00 to Local No. 129, International Union of Mine, Mill and Smelter Workers "to be used by Local No. 129 for such purposes and disbursed in such manner as may be determined or agreed upon between Local No. 129 through its attorney, George H. Lommen, and the Board." Pursuant to this provision of the agreement, Mr. F. P. Mett, Regional Attorney, and Mr. I. Komaroff, Field Examiner, met with you on August 9, 1939, and the following arrangement for the disbursement of the aforementioned $11,800.00 was agreed to: 1. The three persons whose names appear on List A, attached hereto, will receive $100.00 each. 2. The thirty-two persons whose names appear on List B, attached hereto, will receive $296.88 each. 3. You (George H. Lommen) will receive $1,999.84 for your expenses and legal services in connection with your handling of the above captioned matter as attorney for Local No. 129, International Union of Mine, Mill and Smelter Workers, and as attorney for the International Union of Mine, Mill and Smelter Workers. 4. The fourteen persons whose names appear on List C, attached hereto, will not share in the distribution of the $11,800.00 referred to above. 5. The two persons whose names appear on List D, attached hereto, who never were employed by the Oliver Iron Mining Company, will not share in the distribution of the $11,800.00 referred to above. 6. The three persons whose names appear on List E, attached hereto, will not share in the distribution of the $11,800.00 referred to above. 7. Mr. Mike Czerniski, who, on August 9, 1939, and previous thereto, was employed by the Oliver Iron Mining Company will not share in the distribution of the $11,800.00 referred to above. Upon the execution by you, and the President and Financial Secretary of Local No. 129, of the agreement referred to in Paragraph 1 of this letter, and upon the transmission by you, as attorney for Local No. 129, of the withdrawal of charges in the above captioned matter as provided for in the aforesaid aggreement, and upon the approval of the same by me, Mr. Komaroff, Field Examiner of the Twelfth Region, National Labor Relations Board, as my agent, will turn over to you a check of the Oliver Iron Mining Company dated August 9, 1939, in the amount of $11,800.00 made payable to you as attorney for Local No. 129, International Union of Mine, Mill and Smelter Workers, the proceeds of which are to be distributed by you pursuant to the arrangement set forth in Paragraph 2 of this letter. I have reviewed, in detail, with Messrs. Mett and Komaroff the settlement of the charges in the above captioned matter and the arrangement for the distribution of the sum of $11,800.00 paid by the Oliver Iron Mining Company thereunder. The same meets with my full approval. Very truly yours, Enc. (5) JOHN G. SHOTT, |