DULUTH, MINNESOTA, August 9, 1939. RECEIVED of Oliver Iron Mining Company check dated this day payable to George H. Lommen as attorney for Local No. 129, International Union of Mine, Mill and Smelter Workers, for the sum of Eleven Thousand Eight Hundred Dollars ($11,800.00), in accordance with terms of agreement of even date executed by Oliver Iron Mining Company in settlement of certain charges of violation of National Labor Relations Act, all as more fully appears in said agreement. The check is to be held pursuant to the terms of said agreement and delivered only in accordance therewith, otherwise to be returned to Oliver Company. JOHN G. SHOtt, Regional Director, 12th Regional office, N. L. R. B. AGREEMENT THIS AGREEMENT, made and entered into this 9th day of August, 1939, by and between the Oliver Iron Mining Company, hereinafter referred to as the "Oliver Company", as first party, and International Union of Mine, Mill and Smelter Workers, Local No. 129, located at Ironwood, Michigan, hereinafter referred to as "Local No. 129", and the members thereof named in the charges referred to in this Agreement, as second party, and Steel Workers Organizing Committee, hereinafter referred to as "SWOC", on behalf of Amalgamated Association of Iron, Steel and Tin Workers of North America, hereinafter referred to as "Amalgamated", and International Union of Mine, Mill and Smelter Workers of America hereinafter referred to as "International", and the local unions of each thereof, as third party, WITNESSETH, that WHEREAS, charges have been filed with the National Labor Relations Board, hereinafter referred to as the "Board", by Local No. 129 to the effect that the Oliver Company in its Gogebic District in the State of Michigan has discriminated against upwards of fifty members thereof upon account of labor union affiliation or activities and that upon account of such discrimination the said members of Local No. 129 were discharged or were not re-employed by the Oliver Company in said Gogebic District, and to the effect that the Oliver Company in its said Gogebic District has dominated and interfered with the formation and administration of and contributed financial and other support to a labor organization; and WHEREAS, said charges were filed in the Twelfth Regional Office of said Board located at Milwaukee, Wisconsin (hereinafter referred to as "Regional Office"), and designated in said Regional Office as Case No. XII-c-325, and are now pending before said Board and said Board has investigated said charges and the parties hereto have carried on negotiations for the purpose of amicably settling and disposing of said charges and of all claims and charges that there may be against the Oliver Company on account of any claimed failure to observe any of the provisions of the National Labor Relations Act as an employer in the States of Minnesota and Michigan prior to the date of this Agreement, whether on account of any matter or thing referred to in said charges, or otherwise; and the representatives of said Board and of said second and third parties have been present at said negotiations and participated therein; and the Oliver Company denies the material allegations of said charges and asserts its innocence of any violation of any provision of the National Labor Relations Act in fact or intent. Now, THEREFORE, in order amicably to settle and dispose finally of said matters now in controversy, including all of said claims and charges, except only with respect to domination and interference with the formation and administration of and contribution of financial and other support to another labor organization, and in consideration of the sum of One Dollar ($1.00) each to the other in hand paid and other good and valuable considerations, the receipt and sufficiency whereof are hereby acknowledged, and the promises and agreements herein contained, it is hereby agreed by and between the parties hereto as follows: The Oliver Company agrees, upon the approval of this Agreement by the Regional Director of said Regional Office and the withdrawal with prejudice of the said charges now pending in said Regional Office of discrimination against members of Local No. 129 upon account of labor union affiliation or activities and the withdrawl without prejudice of the charges now pending in said Regional Office with respect to domination and interference with the formation and administration and contribution of financial and other support to another labor organization, that it will pay to Local No. 129 the sum of Eleven Thousand Eight Hundred Dollars ($11,800.00) 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. Check of Oliver Company in said amount, for said payment, is to be made payable to George H. Lommen as attorney for Local No. 129 and delivered to the Regional Director of said Regional Office at the time of the execution of this Agreement by Oliver Company and held by said Regional Director until delivery to Oliver Company of completed executed Agreement approved by the Regional Director, and until approval of withdrawal of the said charges now pending against Oliver Company. Oliver Company is not to be responsible for the disbursement of the said amount. Local No. 129 agrees that upon the execution of this Agreement it will promptly make application to the Board to withdraw its charges now pending before said Board as hereinbefore set forth with prejudice as to the charges to the effect that Oliver Company has discriminated against members of Local No. 129 named in said charges upon account of labor union affiliation or activities, and without prejudice as to the charges that Oliver Company has dominated and interfered with the formation and administration of and has contributed financial and other support to another labor organization. Second party agrees that the said sum of $11,800 shall be received in full settlement and satisfaction of all claims of every kind and nature which it or any of its members named in said charges filed with said Board, or otherwise, have or had or shall have or claim to have against the Oliver Company upon account of an claimed violation of the National Labor Relations Act occurring prior to the date of this Agreement and in full payment and satisfaction thereof, and that all of said claims are hereby disposed of and settled. SWOC, for itself and as the authorized representative of the Amalgamated and International and of the local unions of each thereof and of all of the individual members thereof, agrees, as an inducement to the entering into of this Agreement and in consideration thereof, and the agreement of the Oliver Company to make the payment of $11,800 as herein provided, that all claims and charges against the Oliver Company on account of any claimed failure to observe any of the pro visions of the National Labor Relations Act in its relations as an employer in the States of Minnesota and Michigan prior to the date of this Agreement, whether on account of any matter or thing referred to in charges which have heretofore been filed with the Board or in any Regional Office thereof, or otherwise, are hereby finally disposed of and settled, and, further, that no charges will hereafter be filed with the Board or in any Regional Office thereof upon account of any claimed violation of said Act by Oliver Company prior to the date of this Agree ment, reserving only the right to file charges with the Board against the Oliver Company claiming domination or interference with the formation or administra tion of or the contribution of financial or other support to any labor organization contrary to the provisions of Section 8 (2) of the National Labor Relations Act. The Oliver Company agrees to post notices upon its bulletin boards at each of its operations in all of its mining districts in the states of Minnesota and Michiga for a period of sixty (60) days, sixty (60) consecutive days, commencing within thirty (30) days from date of receipt from the said Regional Director of notice of approval of the withdrawal of said pending charges. Said notice shall be in the form hereto attached, marked Exhibit "A" and made a part hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authority the day and year first above written. OLIVER IRON MINING COMPANY, By A. Z. PETERSON, Vice President and General Manager. INTERNATIONAL UNION OF MINE, MILL AND SMELTER WORKERS, LOCAL No. 129, By PETER LAFORGE, President. JOSEPH PASCOE, Financial Secretary. As attorney for said Local No. 129 and for the respective individuals named HENRY A. BURKHAMMER, As representative of International Union of Mine, Mill and Smelter Workers. The above Agreement is hereby approved: Dated August 12, 1939. JOHN G. SHOTT, To the Employes of Oliver Iron Mining Company: The National Labor Relations Act defines the term "labor organization" a 'any organization of any kind, or any agency or employe representation committee or plan, in which employes participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.” The Act provides that "employes shall have the right 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 the purpose of collective bargaining or other mutual aid or protection." The Act also provides that it shall be an unfair labor practice for an employer to interfere with, restrain, or coerce employes in the exercise of the rights as above set forth, or to dominate or interfere with the formation or administration of any labor organization, or contribute financial or other support to it, or by discrimination in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization. It is and has been the intention of the management of this Company that this Act be complied with by all authorized representatives of the Company, that the Company remain absolutely neutral with regard to whatever attitude each employe may decide to take as to affiliation or non-affiliation with any labor organization, and to neither encourage nor discourage membership in any labor organization. OLIVER IRON MINING COMPANY, By A. Z. PETERSON, Vice President and General Manager. From: O. S. Hoebreckx. Subject: Oster Manufacturing Co., XII-C-370. 9/5/39. Al. Hayes, International Representative, telephoned the field examiner in regard to the above-entitled matter. Hayes was obviously incensed over this office's reluctance to take this case to hearing. Hayes admitted the Union's inability to supply any concrete evidence to support the 8 (1) charges but stated that such evidence would undoubtedly come out at the hearing. He cited the Nekoosa-Edwards case which this office took to hearing, in which case, according to Hayes, there was less evidence than in the Oster case. The field examiner reminded Hayes that the only real evidence submitted in this case revolved around the matters which took place in the Spring of 1937 which matters were adjusted in a settlement brought about by the actions of this office. Hayes was informed that this evidence could not be introduced except for purposes of color and background and cannot be utilized in the filing of a Complaint against the Company at this time. Hayes was further informed that the field examiner had never been able to contact Hogan, a Union representative, who is supposed to have been run out of Genoa, Illinois, at a time when he was attempting to organize that plant. No connection with the Company has been established as to the actions against Hogan. Hayes was further informed that it was incumbent upon the field examiner to have ample supporting facts before he recommends a case for hearing. It is not sufficient to merely allege that the facts may possibly be available at the time of hearing. Mr. Hayes differed violently with the above reasons for the field examiner's position on this case. He stated he was going to take up the matter with the Union's Washington office who would undoubtedly put pressure on the Board at Washington, possibly, to the discomfiture of the field examiner. Field examiner informed Mr. Hayes that that was his right and privilege. OSH: VM Subject: John Oster Manufacturing Co., Case XII-C-370. 9/12/39. Inspection of the file reveals that there is, at the present time, to probative case against the Company. 8 (1) Except for certain rumors which cannot be pinned down very well, the slight 8(1) which did occur, happened prior to the withdrawal of the charges by the Union on March 15, 1937. (XII-C-41.) 8 (3) The Field Examiner's compromise of putting Palinski, individual complainant, on a preferred list seems to be the extent of our remedy in the situation. Suspect is the Company's after-thought of following its seniority basis as promulgated in the declaration of policy of April 21, 1937. Probably, a franker ground is that Oster picked out individuals who could do comparable work at a lower rate, in the Palinski incident, these being girls. No affirmative showing is made as to the 8 (3) since the statements made to Palinski occurred a year before the discrimination in regard to the hours happened and, in the meantime, he had worked regularly. 8 (5). There is an obligation to bargain with the representatives of the majority of the employees. Unless the Board can prove that a majority, in fact, were members of the Union, it is immaterial what sort of stall the Company uses. Here, the Union admits it did not have a majority. Certainly, if it did have a majority, there might be an attribute of bad faith in the Company's not questioning at all the figure at the first attempt at bargaining and, later, asking a determination, incidentally, in whatever manner we thought fair, that there was a majority. The Union has been given sufficient time to show whether it de have a majority. Once a majority of the employees is in a union, and the union desires to bargain collectively as a representative, then unfair labor practices, which wean away the majority, may not vitiate the 8 (5) allegation. (Sed quaera certain C. C. A. opinions). But here there is no indication that the Union ever had a clear majority and the slight 8 (1) and possible 8 (3) allegations are not of such a character as to mitigate the effect of a diminished majority, if there ever was a majority. MLF: VM. N. L. R. B. EXHIBIT No. 353-C INTER-OFFICE COMMUNICATION NATIONAL LABOR RELATIONS BOARD (Ediphone 9 15 39 To: the File. From: O. S. Hoebreckx. Subject: John Oster Manufacturing Company, Case XII-C-370. 9/12/39. Alfred Hayes and Ambrose Baksic, Union representatives, conferred with the Regional Director, Attorney Forer, and the Field Examiner relative to the action which is to be taken on this case. Hayes maintained that the case should go to hearing. Attorney Forer pointed out that, under present circumstances, it is not possible to allege a violation of Section 8 (12). Forer, further, pointed out that the 8 (3) case is not sufficiently strong to warrant the issuance of a complaint and, thirdly, that there was an insufficient amount of 8 (1) evidence to go to hearing on that matter alone. During the discussion, Baksic, by his several utterances, indicated that the position of this office was entirely sound. Field examiner then requested that the Company be requested to post a notice after which the Union circulate a petition as was suggested by the field examiner on August 8th. Baksic admitted that no activity had taken place as yet as to the petition. Hayes appeared to be satisñed with this arrangement. Field examiner promised him that he would contact company officials either the latter part of this week or the first part of next week with a view to having a notice posted. OSH: VM. |