N. L. R. B. EXHIBIT No. 374 OLIVER IRON MINING Co. N. L. R. B. EXHIBIT No. 374-A Ост. 11, 1937. To: National Labor Relations Board. From: Robt. J. Wiener. Subject: Oliver Iron Mining Co., XVIII-C-103, XVIII-C-106, XVIII-C-107. The release concerning the Lee Clay Products Company case leads me to write to you, since the settlement there might well apply to the Oliver Mining Company cases, in which we are at present attempting to secure an adjustment. In the Oliver cases the allegation is discriminatory refusal to rehire, due to affiliation with a (now defunct) union. There are about 160 men included in the three Charges and the Regional Attorney believes that about 110 of them have reasonable claims to support the allegation. For various reasons, which it is unnecessary to go into here, the company will not even consider a settlement involving both back pay and reinstatement. I believe they would prefer to make a financial settlement with reinstatement to only some of these employees. The recent decision I mentioned indicates that it is possible to stipulate for the reinstatement of certain employees without including back pay. I would appreciate your advice and suggestions. Very truly yours, W/w ROBERT J. WIENER. N. L. R. B. EXHIBIT No. 374-B NOVEMBER 24, 1937. Re: Oliver Iron Mining Company cases. Senator GEORGE LOMMEN, Attorney at Law, Eveleth, Minnesota. DEAR GEORGE: In line with our conversation the other day, I am enclosing herewith a rough draft of the amended charge which is to be filed in this matter. I drew this amended charge in the form of a rough draft for two reasons: one, that you may wish to change it somewhat, and two, that I feel it preferable that the actual amended charge be drawn in your office. Will you please check very carefully the names listed in the charge, so that we will not have to amend the complaint later. I am enclosing herewith for your use in that regard a copy of the complete list of the men on whose behalf charges were filed. You will notice that among the union members listed in my rough draft, the names of Tony DeLuca, Guy Robbins, and Peter Robar are missing. I firmly believe that the case, as far as these men are concerned, could not be proven, and for that reason do not believe their names should be in the amended charge. You will also notice that in the list of union members is the name of Claude Gill Upon consideration of this matter, I have come to the conclusion that there is no reason at all to mention that Claude Gill is deceased. He was laid off along with the rest of the men and was not reinstated in April, 1936, because of his union membership and activities, and upon trial we will prove that he died January 15, 1937. The Board has power only to order reinstatement and back pay in accord with the evidence adduced in the trial. The evidence of his death will preclude an order of the Board reinstating him, but will in no wise, it seems to me, preclude an order directing the payment to his estate of the amount he would have earned working for the company up until the day of his death. It seems preferable to me that the amended charge be signed by the proper officers of the local. I will appreciate your having this done and returning the amended charge and three copies thereof to me as soon as possible. Very truly yours, TS:lb encs. 2. THURLOW SMOOT, Regional Attorne¿ N. L. R. B. EXHIBIT No. 374-C NATIONAL LABOR RELATIONS BOARD, JANUARY 1938. New Post Office Building, Minneapolis, Minnesota. DEAR SIRS: The charges and amended Charges heretofore filed with you, charging violations by the Oliver Iron Mining Company at the Virginia-Eveleth district to this date, are hereby withdrawn and dismissed with prejudice. Yours very truly, BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN, By /s/ C. V. MCLAUGHLIN, Vice President. GUY R. GOLDEN, General Chairman. By /s/ GEO. LOMMEN, Attorney for Certain Members of Said Brotherhood. N. L. R. B. EXHIBIT No. 374-D STEEL WORKERS ORGANIZING COMMITTEE 221 Fargusson Building, Duluth, Minn. Re: Settlement Labor Cases. JANUARY 12, 1938. OLIVER MINING COMPANY, Duluth, Minnesota. GENTLEMEN: This is to certify that any agreement entered into with the International Mine, Mill and Smelter Workers Local Unions of both Eveleth and Virginia, Minnesota, to settle and dispose of any and all claimed violations of the National Labor Relations Act on the part of the Oliver Iron Mining Company in the Virginia-Eveleth District, prior to this date is satisfactory to and approved by the Steel Workers Organizing Committee. It is understood that such settlement disposes of all claims which have been or could have been made under, upon act of anything occurring prior to the date hereof. RECEIVED OF Oliver Iron Mining Company, in accordance with Agreement dated January 20, 1938, between Oliver Iron Mining Company and certain Unions and individuals with regard to claimed violations of the National Labor Relations Act in the Virginia-Eveleth district, checks made payable to certain individuals for whom I am attorney for the amounts as specified in said Agreement, as follows: Capan, Jno. Djumovich, Geo. Gregorich, Jno. Novlan, Frank Pocrnich, Mike Allokar, Mike Original signed in my presence by Morris H. Greenberg Jan. 30, 1938. TS. N. L. R. B. EXHIBIT No. 374-F JANUARY 20, 1938. RECEIVED OF Oliver Iron Mining Company, in accordance with Agreement dated January 20, 1938, between Oliver Iron Mining Company and certain Unions and individuals with regard to claimed violations of the National Labor Relations Act in the Virginia-Eveleth district, checks made payable to certain individuals for whom I am attorney for the amounts as specified in said Agree ment, as follows: Original signed in my presence by Geo. H. Lommen, Jan. 30, 1938. TS., N. L. R. B. EXHIBIT No. 374-G THIS AGREEMENT, Made and entered into this 20 day of January, 1938, 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, Queen City Local No. 92, located at Virginia, Minnesota, International Union of Mine, Mill and Smelter Workers, Governor Floyd B. Olson Local No 32, located at Eveleth, Minnesota, and Brotherhood of Locomotive Firemen and Enginemen, all of said organizations being hereinafter referred to as the "Unions", and the 174 former employes of the Oliver Company hereinafter named, as second parties, WITNESSETH: that, WHEREAS, charges and amended charged have been filed with the National Labor Relations Board, hereinafter referred to as the "Board", by the said second parties to the effect that the Oliver Company in its Virginia-Eveleth district in the State of Minnesota has discriminated against said 174 former employes upon account of labor union affiliation or activities, and that upon account of suen discrimination the said former employes were not reemployed by the Oliver Company in the years 1936 or 1937 in its said Virginia-Eveleth district; and WHEREAS, said charges 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 all of said charges and of si 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 in its relations as an employer in its Virginia-Eveleth district 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 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 said National Labor Relations Act in fact or intent; and WHEREAS, the said 174 former employes of the Oliver Company making sad charges, and upon whose behalf said charges have been made, are respectively represented by the Unions and by attorneys as follows, to-wit: (a) Represented by International Union of Mine, Mill and Smelter Workers, Queen City Local No. 92, and also by George H. Lommen, their attorney, the following: Toralf A. Garson Arvid Lostrom William Faltinoski Peter Viezbicke Tony Miltich John Fuschi (Foschi) Leonard Minelli Antonio Brunetta Mike Sopp Marko Sertich Vincent Korzinski Mathew Halunen (Herverson) Clyde Seman George Kovacich (c) Represented by Internation Union of Mine, Mill and Smelter Workers, Queen City Local No. 92, also by Brotherhood of Locomotive Firemen and Erginemen, and also by George H. Lommen, their attorney, the following: Bennett Venass Charles Wagman Peter Terch (Peter J. Terch) Delbert McLaughlin Roy Padgett George McWatters, and (d) Represented by Brotherhood of Locomotive Firemen and Enginemes, and also by George H. Lommen, as his attorney, the following: John Niemi (e) Represented by International Union of Mine, Mill and Smelter Workers, Governor Floyd B. Ölson Local No. 32, and also by Morris H. Greenberg, their attorney, the following: John Capan Mike Pocrnich John Kastelic Frank Mikolich John Gergen Mike Bokan George Vlinich Paul Vukolich Frank Chivarinni Louis Stajokovic (Stojokovic) Joseph Milanovich John Tomasich Louis Udovich Andrew Thompson Jack Susnik Anton Shukle Mike Dennis Frank Siskar George Djumovich Mike Zallokar Frank Novlan John Gregorich Luigi Marchionni Mike Pajacich Nick Vuckson Frank Zmlen (Zlimen) Paul Spolarich Matt Cetinan Eli Niedrich Joseph Rebrovich Paul Gicina John Karpen George Bevich (Babich) Frank Prebeg Ellard Prinkkila Harold Davey John Mesojedec Nick Slobodnick John Germ George Umolac (f) Represented by International Union of Mine, Mill and Smelter Workers. Governor Floyd B. Olson Local No. 32, and also by George H. Lommen, ther attorney, the following: Tom Spolarich John Zoretich (Zorich) Now, THEREFORE, in order amicably to settle and dispose finally of said matters now in controversy, including all of said claims and charges, 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 Oliver Company and the Unions and the former employes, al the Oliver Company hereinbefore named, as follows: The Oliver Company agrees that it will cease and desist: (1) From in any manner interfering with, restraining or coercing its emploves in the exercise of their right to self-organization, to form, join or assist labs organizations, to bargain collectively through representatives of their own choo ing, and to engage in concerted activities for the purpose of collective bargai or other mutual aid or protection, as guaranteed under Section 7 of the Nationa Labor Relations Act; (2) From in any manner discriminating against any employe in regard t hire or tenure of employment, or with respect to any term or condition of employment, to encourage or discourage in any labor organization; |