American Zinc, Lead and Smelting Co.

National Labor Relations Board - Board Decisions

Sep 24, 1942

44 N.L.R.B. 443 (N.L.R.B. 1942)

In the Matter of AMERICAN ZINC, LEAD AND SMELTING COMPANY and
INTERNATIONAL UNION OF MINE , MILL & SMELTER WORKERS, LOCAL
515
Cases Nos. R-4181 and R-41182.-Decided September 04,.1942
Jurisdiction : mining industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition; elections necessary.
Unit Appropriate for Collective Bargaining : single or separate units compris-
ing (1) mining and (2) milling employees of one of companies involved;
determination of, dependent upon results of separate elections ;-multiple-
employer unit requested by,companies, which were interrelated through stock
ownership, common officers, and integrated operations, rejected in the absence
of'self-organization upon such a basis
Tustin d Chandler, by Mr. W. B. Chandler, and Mr. D. I. Hayes,
,of Spokane; Wash., for the Companies. .
M'r.'Ora-L. Wilson, of Spokane,''Wash., for the'Union.
Mr. Louis A. Pontello, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon two petitions duly filed by International Union of Mine,
Mill & Smelter Workers, Local 515, herein called the Union, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of American Zinc. Lead and Smelting' Com-
pany,' Metaline Falls, Washington, herein called American Zinc, the
National, Labor 1Relations Board 'ordered that the cases be consoli-
-dated and provided for an appropriate hearing on due notice, before
Vern Countryman, Trial Examiner. Said hearing was held at Spo-
kane. Washington, on August 20, 1942. The Companies and the
Union appeared, participated, and were afforded full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
' The Union originally filed two petitions, one of which named American- Zinc as the
employer of the Grandview Mines, and the other petition named the Metaline Mining and
Leasing Company, Metaline Falls, Washington, herein called Metaline Mining, as the
employer at the Grandviewv Mill. Puiing the course of the hearing, the Union moved to
amend its petition affecting the Grandview Mill in order to substitute American Zinc
for the Metaline Mining as the employer, since it appeared from the testimony that Ameri-
can Zinc was the employer at the Grandview Mill This motion was granted by the Trial
Examiner. The two concerns are herein called the Companies
. 44 N. L R. B., No. 76
, 443
444 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
evidence bearing on the, issues. During the course of the hearing,
the Companies jointly filed a motion to dismiss the petitions upon
the, grounds that (1) the petitions did not include the employees of
the Metaline Mining, engaged in underground and survey work at its
mines and (2) that each company had offered and does offer to
execute an agreement for a consent, election, if said employees of the
Metaline Mining are included. The Trial Examiner referred the
motion to the Board. The Companies' notion is hereby denied. 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
I. THE BUSINESS OF THE COMPANIES
American, Zinc, Lead and Smelting Company is a Maine corpora-
tion having its principal office'in' St. Louis, Missouri. It is engaged
in mining and reduction of. zinc and lead ore into its basic products.
The Company owns and/or operates mining operations and manu-'
facturing and smelting plants in several States. Its gross sales for
1941 exceeded $21,000,000. The operations of American Zinc in-
volved in this proceeding are the Grandview Mines.and Grandview
Mill , in Metaline 'Falls, Washington. The value of the zinc and
lead concentrates produced from the Grandview Mines in 1941 was
approximately $336,000. The concentrates are sold outside of the
State of Washington. The Grandview Mill used operating supplies
in- 1941 of the value of over $92,000, of which the greater portion was
purchased within the State of Washington.
Metaline Mining and Lensing Company is a Washington corpora-
tion having its principal office in St. Louis, Missouri. It is engaged
in mining operations at the Metaline Mines near Metaline Falls,
Washington. In 1941 the value of production credited to the Metaline
Mines was over $290,000.
American Zinc own' 51 percent of the outstanding stock of Metaline
Mining. Four individuals hold offices in both companies, which
maintain a single office address in Spokane and maintain a common
clerical and office force. . '
-The Companies' admit that they are individually engaged in inter-
state commerce within the meaning of the National Labor Relations
Act.
IL : THE ORGANIZATION INVOLVED
International Union of Mine, Mill and Smelter Workers, Local 515,
is a labor organization admitting to membership employees of the Com-
panies. ,
' AMERI'CAN Z1NC, LEAD AND SMELTING COMPANY
III. THE QUESTION CONCERNING REPRESENTATION
445
In June and July 1942, the Union requested American Zinc to recog-
nize it as the bargaining agent for that Company's employees at the
Grandview Mines and the Grandview Mill. American Zinc refused to
recognize the Union until it proved its claim that it represented a ma-
jority of the employees.
There were introduced into evidence statements of a Field Examiner
showing that the Union represents a substantial number of employees
in the units claimed by it as appropriate.'
We find that questions affectin g commerce have arisen concerning
,the representation of employees of the_ American Zinc within the
,meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. ,
IV. 7 HE APPROPRIATE UNIT
In one of its petitions, the Union contends that all underground and
surface employees at the Grandview Mines, excluding supervisory,
technical, office and clerical employees, constituted an appropriate unit.
In its other, petition it contends that all employees at the Grand-
view Mill, excluding supervisory,:' technical, office and clerical employ-
ees, and truck drivers hauling ore,4 constituted an appropriate unit.
The Companies contend that all the employees of the Grandview Mines
Grandview Mill, and Metaline Mines, including the truck drivers at the
Metaline Mill , should be included in a single unit, because they claim
that the three operations constitute a single, integrated enterprise, as
2 The Field Examiner reported that in the case relating to the Grandview Mines, the
Union presented 25 authorization cards which were dated as follows : Februaiy , March,
,and April 1942, 20; May 1941, 1, Februaiy 1941, 1: September 1940, 1, undated, 2' All
of the , cards appeared to bear genuine original signatures of persons whose names appeared
on American Zinc ' s pay roll as of May 30 , 1942. The original membership dues-records
of the Union contained the names of the 25 persons who had signed authorization cards,
and two other persons, whose names appear on the pay roll of May 30 , 1942,' as members
of the Union , with dues paid to May 1, 1942 The pay roll of the Company for May 1942
contained 56 persons in the alleged unit.
In the case relating to the Grandview Mill , the Field Examiner reported that the Union
presented 4 authorization cards which were dated as follows April 1942, 2 , June 1942,
1: May 1, 1942 , 1 The original membership dues records of the Union reveals the names
of 8 other persons who are in good standing with the Union with dues paid up to May 1,
1942 The names on the 4 cards and the names of the 8 members found on thei dues
iecords appear on the Grandview Mill's pay roll of May 30, 1942, containing 22 names
in the alleged unit
.In addition , 5 additional authorization cards were presented which were dated as fol-
lows • April 1942, 3 , August 1941, 1 , September 1940, 1 ; all of the cards 'appeared to
bear genuine original signatures ; all of the signatures appear on the pay roll of Metalrne
Mines during May 1942, containing 74 names The Union does not seek to include em-
ployees of the Metaline Mines in the appropriate unit.
B II. J McClellan is listed on the Grandview Mill's pay roll as a mill foreman A rep-
resentative of American Zinc testified that this listing was incorrect, but that lie is a mill
operator, with no power to hire or discharge employees. We find that he is an ordinary
employee - '
I The record indicates that truck drivers , who haul ore from the Metalie Mines to the
Mill, are employed by Metalrne Mining, and not by American Zinc
446 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the products are the same, the management and supervisory agencies
are the same, and the products are milled and sold jointly.
The parties agree that all office and clerical employees, mine foreman,
two shift bosses, engineers, and regular engineer helpers at the Grand-
view Mines, and also that the mill superintendent, chemist, metal-
lurgist, office and clerical employees at the Grandview Mill, should be
excluded.
As has been stated American Zinc operates the Grandview Mines
and the Grandview Mill, and Metaline Mining operates the Metaline
Mines. The Grandview Mines are located approximately two miles
north of Metaline Falls, Washington, and the Metaline Mines 'are
approximately 1.9 miles south of the town. The Grandview Mines
and the Grandview Mill are about a mile apart while the Metaline
Mines are located about 3.9 miles from the Grandview Mill.
Both mines have the same mine superintendent., In support of
their contention, the Companies point to the considerable interrela-
tion in the offices and business of the two Companies, to which we
have referred.
The Grandview Mill processes the ore for both mines. Upon
reaching the mill, the ore of each company is weighed, sampled, and
assayed separately, but it is later commingled before it goes through
the concentration process. The concentrates are sold in a commingled
mass by the American Zinc, and it received the returns from it. The
milling and freight costs are allocated to each company on the basis
of tons of ore milled for each mine. The proceeds of the sale of the
concentrates are then divided between the two companies on the basis
of the weighing, samplings, and assaying taken of the ore.
Neither of the companies has a contract with a labor organization
covering any of its employees. In 1941 the Union lost a consent
election among the_ employees of the Grandview Mines.
. The Union does not desire a unit, covering the three operations
because it has not attempted to organize the employees of Metaline
Mining and it asserts that it would be funfair to the employees of the
Grandview Mines and the Grandview, Mill to include, the employees
of Metaline Mines, who have not been organized; in the unit.
We are of the opinion that, although a unit composed of the em-
ployees of the Grandview Mines, Grandview Mill, and the Metaline
Mines, would not be inappropriate if organization had extended to
the Metaline Mines, the fact that the Union has organized oily the
employees at the Grandview Mines and the Grandview Mill, indicates
the present propriety of excluding the employees of the Metaline
Mines. We see, no reason for depriving the employees at the Grand-
view Mines and the Grandview Mill of the benefits of collective
bargaining until such time as the Metaline Mines may be organized
AMERICAN ZINC, LEAD AND SMELTING COMPANY: 447
also5 Our determination is subject to revision in accordance with
changes ' in the state of self-organization of the employees,concerned.
As noted above the Union filed two petitions, one of which ' re-
quested a unit at the Grandview Mines, and the other requesting a
unit-at the Grandview Mill, thereby indicating that the Union de-
sired to have separate units and elections at the two operations. Dur-
ing- the hearing the vice president of the Union testified that the
Union "thought if the Grandview Mill and,Mine could be together,
that would eliminate the dividing up of the' units." However, the
petitions were not amended to request one unit of the two operations.
In view of the uncertainty as to the Union's position, and since the
two operations might properly function as a single unit or as two
separate units, we shall make no final determination of appropriate
unit at this time, but shall direct that separate elections be held
among (1) the underground and surface employees of American
Zinc at the Grandview Mines, excluding supervisory, technical, office
and clerical employees, mine foreman, shift bosses, engineers, and
'regular engiiieer helpers, to determine whether or not they desire to
be represented by the Union; and (2) among the employees of the
Grandview Mill, excluding supervisory, technical, office and clerical
employees, mill superintendent, chemist, and metallurgist, to de-
termine whether or not they desire to be represented by the Union.
Upon the results of the elections will depend, in part, our determina-
tion of the unit or units. If a majority of the employees of the
Grandview Mines, and those of the Grandview Mill designate the
Union as their 'coll'ective bargaining representative, then the em-
ployees of the Grandview Mine and Grandview Mill shall constitute
a single appropriate unit. If a majority at only one operation
designates the Union, those employees will constitute a separate unit.
V. - THE DETERMINATION ; OF. REPJjESENTATIVES
At the hearing the Union objected to the use of the pay-roll period
immediately preceding the election in determining eligibility to vote.
We see no reason to depart from our usual practice. We shall direct
that the question concerning representation which has arisen be
resolved by, an election by secret ballot among the employees in the
eligible categories who were employed during the pay-roll period
immediately preceding the date of the Direction of Election herein,
subject to- the limitations and additions set forth in the Direction.
5 See Matter of WUAL, Inc and Associated Broadcast Technscaans Unit, International
Brotherhood of Electrical R or leers, et at, 27 N L R B 3S:) ; Matter of Blown Paper Goods
Co and United Paper Novelty & Top Tl o,7 ers International Unson, Local 1118 (C. I 0 ), 39
N L R B 743; Matter of Max Pollack. & Company, Inc and Textile 1Voal•e,a of America
(C 1 0),33N L R B ¶)66
448 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 8, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIREOTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with American Zinc,
Lead and,Smelting Company, Metaline Falls, Washington an elec
tion 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 Nineteenth
Region, acting in this matter as agent for the National Labor Relation's
Board and subject to Article III, Section 9, of said Rules and
Regulations :
(1) Among all underground and surface 'employees of American
Zinc at the Grandview Mines, who were employed during the pay-roll
,period immediately preceding the date of this Direction of Election,
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
supervisory, technical, office and clerical employees, mine.foreman,
two shift bosses, engineers, and regular engineer helpers, and em-
ployees who have since quit or been discharged for cause, to determine
whether or' not they desire to be represented by International Union
of Mine, Mill and Smelter Workers, Local 515,16r the purposes of
collective bargaining; and
(2) Among the employees of American Zinc at the- Grandview
Mill, who were employed during the pay-roll period immediately pre-
ceding the date of this Direction of Election, 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 supervisory, technical,
office and clerical employees, mill superintendent, chemist, and metal-
lurgist, and employees who have since quit or been discharged for
cause, to, determine whether or not they desire to - be represented by
International Union of Mine, Mill and Smelter Workers, Local - 515,
for the purposes of collective bargaining.
MR. WM. M. LEISERSON took no part in the consideration 'of the
above Decision and Direction of Election. -