Inspiration Consolidated Copper Co.

National Labor Relations Board - Board Decisions

Oct 14, 1942

44 N.L.R.B. 1160 (N.L.R.B. 1942)

i
In the Matter Of INSPIRATION, CONSOLIDATED COPPER COMPANY and
INTFFRN^\TIONAL BROTHERHOOD of ELEC1IRICAL WORKERS,, LOCAL
B-518, A. F. L.
In the Matter Of INSPIRATION CONSOLIDATED COPPER COMPANY and
UNITED ASSOCIATION OF PLUMBERS & STEAnf FITTERS OF THE UNITED
STATES & CANADA, LOCAL No. 808, A. F. L.
In the Matter Of INSPIRATION CONSOLIDATED COPPER COMPANY and
INTERNATIONAL BROTHERHOOD OF BOILER MAKERS, IRON SHIP BUILD-
ERS & HELPERS, LOCAL No. 187,'A. F. L.
In the Matter Of INSPIRATION CONSOLIDATED COPPER COMPANY and
INTERNATIONAL BROTHERHOOD OF BLACKSMITHS, DROP FORGERS &
HEI;PERS, LOCAL No. 625, A. F. L.
In the Matter of INSPIRATION CONSOLIDATED COPPER COMPANY and
UNITED BROTHERHOOD OF CARPENTERS & JOINERS OF AMERICA, LOCAL
No. 1538
In the Matter Of INSPIRATION CONSOLIDATED COPPER COMPANY and
INTERNATIONAL UNION OF MINE, MILL AND SMELTER WORKERS
In the Matter Of INSPIRATION CONSOLIDATED COPPER COMPANY and
BROTHERHOOD OF RAILROAD TRAINMEN
In the Matter Of INSPIRATION CONSOLIDATED COPPER COMPANY and
BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN
Cases Yes. R-3867 through R-3871, R-3880, R-4132, R-4133,
respectively.Decided October 14, 1942
Jurisdiction: copper refining industry.
Investigation and Certification of Pepresentatives : existence of question: fail-
ure of Company to grant petitioners ' request for recognition-stipulation as
to; elections ordered in all craft groups where unions made some showing
of interest , as a matter of expediency ; elections necessary.
Units Appropriate for Collective, Bargaining : industrial and one craft or sev-
eral craft units; determination of, dependent upon results of separate elections.
Mr. Willard Y. Morris, for the Board.
Mr. Eddvard W. Rice, of Globe, Ariz., for the Company.
Mr. Paul M. Peterson, of Miami, Ariz., for the AFL Unions.
Mr. Alfred Schackel ford, of Tucson, Ariz., for the I. B. E. W.
Mr. Cotton Murray, of Phoenix, Ariz., for the Boilermakers.
44 N. L R. B , No 224
1160
0
INSPIRATION CONSOLIDATED COPPER COMPANY 1161
Mr. Howard Goddard, of Denver, Colo., Mr. Arthur Ashby, Mr.
Orville Larson, and Mr. Leo Ortiz, of Miami, Ariz., for the Smelter
Workers.
Mr. C. H.'Smnith, of Forth Worth, Tex., for the ,Brotherhoods.
Mr. Frederic B. Parkes, 2nd, of counsel to the Board.
DECISION
ORDER
AND
DIRECTION OF ELECTIONS
STATEMENT OF TILE CASE
Upon petitions duly filed by International Brotherhood of Electrical
Workers, Local B-518, A. F. L., herein called the I. B. E. W.; United
Association of Plumbers & Steam Fitters of the United States &
Canada,; Local No. 808, A. F. L., herein called the Plumbers; Inter-
national Brotherhood of Boiler Makers, Iron Ship Builders & Helpers,
Local No., 187, A. F. L., herein called the Boilermakers; International
Brotherhood of Blacksmiths, Drop Forgers & Helpers, Local No. 625,
A. F. L., herein.called the Blacksmiths; United Brotherhood of Car-
penters & Joiners of America, Local No. 1538, herein called the Car-
penters; and International Union of Mine, Mill and Smelter Workers,
herein called the Smelter Workers, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Thomas S. Wilson, Trial Examiner. Said hearing was held at Globe,
Arizona,. on May 22 and 23, 1942. The Board, the Company, the
I. B. E. W., the Plumbers, the Boilermakers, the :Blacksmiths, the
Carpenters, and the Smelter Workers 'appeared, participated, and
were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues.
The Trial Examiner reserved ruling for the Board on the motions to
intervene, made by International Association of Machinists, Gila Valley
Lodge No. 1342, A. F. L., herein called the I. A. M. ;- International
Union of Operating Engineers, Local 424, A. F. L., herein called the
Operating Engineers; Globe-Miami Smelter Workers Union No. 22914,
A. F. L., herein called Local No. 22914; and Globe-Miami Miners
Union No. 23146, A. F. L., herein called Local No. 23146. The motions
are hereby granted. The, Trial Examiner's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.
Upon petitions' duly filed by Brotherhood of Railroad Trainmen
and Brotherhood of Locomotive Firemen and Engineinen, herein re-
spectively-called the B. R. T. and the B. L. F. E. and sometimes 'col-
1162 DECISIONS' OF NATIONAL LABOR- RELATIONS BOARD
lectively called the Brotherhoods, the Board provided for an appro-
priate hearing upon due notice before Willard Y. Morris, Trial
Examiner. Said hearing was held at Globe, Arizona, on August 10,
1942. The Company, the Brotherhoods, and, the 'Smelter Workeis
appeared, participated, and were afforded full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing on the issues. At the close of the hearing, the Smelter Work-
ers moved to dismiss the petitions of the Brotherhoods on the ground
that-the earlier hearing had settled all issues concerning the Company's
employees and that charges of unfair labor practices had been filed
against the Company. The Smelter Workers further moved to con-
solidate the petitions of the Brotherhoods with those filed by the,labor
organizations set forth above involved in the previous hearing. The
Trial Examiner reserved ruling on both motions for the Board. Since
the unfair labor practice charges are no longer pending, the mdtioil to
dismiss is hereby denied. For the purposes of,deeision, the motion to
consolidate is hereby granted. The Trial Examiner's rulings' made
at the hearing are free from prejudicial error and are hereby' affirmed.
On July 2, and September 2, 1942, respectively, the Smelter Workers
and the Brotherhoods filed briefs which the Board has considered.
On September 18, 1942, the Board issued a Decision and Direction
of Elections in the above-entitled proceeding. Since some material
was inadvertently omitted front the record upon which that Decision
was based, we shall order that the Decision and Direction of Elections,
dated September 18, 1942,1 be vacated and set aside and, iipon.the basis
of the complete record now before us, we hereby substitute the decision
hereinafter set forth.
Upon the entire record in the case, the Board makes the following :
FINDTNGS OF FACT
1. THE BUSINESS OF THE COMPANY
Inspiration Consolidated Copper Company, a Maine , corporation,
is engaged in The operation of a copper Thine and mills at Inspiration,
Arizona. During 1941 , the Company 's mines produced 1,400,000 dry
tons of ore , most of which was reduced to electrolytic copper and
shipped to points outside the State of Arizona .1a The copper produced
by the Company in 1941 was valued at more than $10 ,000,000. During
the same period , the Company purchased materials and supplies, valued
at more than $1,400,000 , of which amount approximately 50 percent .was
1 This Decision which was assigned advanced pamphlet number 44 N L R B, No 26
has been withdrawn from the volume '
'a The stipulation entered into by the parties appearing in the second hearing states that
the Company s nines produced approximately 4,140,000 dry tons of ore in 1941
INSPIRATION CONSOLIDATED ' COPPER 'COMPANY 1163
shipped to it from points outside the State'of Arizona. The Company
employs approximately 1,312 hourly paid employee
11. THE ORGANIZATIONS INVOLVED
International Brotherhood of Electrical Workers, Local B-518;
United Association of Plumbers & Steam Fitters of the United States
& Canada, Local No. 808; International Brotherhood of Boiler-Makers,
Iron Ship Builders & Helpers, Lo a l• No. 187; Iiternational Brother
hood'of Blacksmiths, Drop Forgers & Helpers; Local No. 625; United
Brotherhood of Carpenters & Joiners of America, Local No. 1538;
International Association of Machniists, Gila Valley Lodge No. 1342;
International Union of Operating Engineers , Local No. 424; Globe-
Miami Smelter Workers Union No. 22914; and. Globe,-Miami Miners
Union No. 23146 are labor organizations affiliated-,with the American
Federation of Labor, admitting to membership employees of the Coin-
parry and are sometimes collectively called herein 'the AFL Unions.
International Union of Mine, Mill and Smelter , WWWorkers is a ' labor
organization affiliated with the Congress,of Industrial' Organizations,
admitting to membership employees of the Company.
Brotherhood'of Railroad Trainmen and Brotherhood of,Locomotive
Firemen and Enginemen are miaffiliated labor organizations admitting
to membership employees of the Cothpany.
III. THE QUESTIONS CONCERNING REPRESENTATION
The parties, stipulated at the hearing that on January 21, 1942,
the secretary-treasurer of the `Arizona State Federation of Labor re-
quested, by letter, that the Company grant him,an opportunity to
present evidence showing that the AFL Unions represented a majority
of the Company's employees. The. Company merely acknowledged
receipt of the letter. The parties further stipulated that the Smelter
Workers, by letter dated May 19, 1942, informed the Company that it
represented' a majority of the Company's employees and requested
recognition as the collective bargaining represent'a'tive of such em-
ployees. The Company made no reply. It was also stipulated that-
on June 30, 1942; the B. R. T. and the B. L. F. E. - each informed the
Company, -by letter, that it represented a, majority- of the Company's
employees within the unit each organization urges to be' appropriate
and requested an opportunity to present proof of such majority desig-
nation. 'Tlie,Conipany clid not reply to either letter. '
Statements of the Regional Director and of the Trial x' aminer
witlLrespect to authorization evidence submitted, by the A. F. of L.
Unions, the Smelter Workers, and the Brotherhoods were introduced
1164 DECISIONS-OF NATIONAL- LABOR RELATIONS, BOARD'
into evidence at the {hearing.' Pursuant"to the direction of the-,Trial
Examiner, the 1'.. A. M.; Local -No. 22914, and Local No., 23146 filed,
authorization evidence with the Board.3 The- Operating Engineers
submitted no evidence to show that it represented any of the Com-
pany's employees.
We find that questions affecting commerce have arisen concerning
the representation of empl'oyees'df the Company within the meaning`
of Section 9'(c) and Section 2' (6) -and (7) of the National Labor
Relations Act.
IV. THE APPROPRIATE UNITS
A. Contentions , of the parties
Each of the AFL Unions, with, the exception *of Local No. 22914
and-Local No. 23146, seeks a bargaining unit composed of skilled em-
' The following tabulation sets forth the Regional Director 's-and the Trial Examiner's
statements concerning the authorization evidence submitted to them :
nion vidence
Num-
signa-
tares
-
Dated
Ap-
par;
ently
gen-
nine
s,gni-
Lures
Num-
ber
on
pay
roll
Num-
bnr
unit
5 Sept _______ --------
I. B. E ^ir___-____ Authorization lists__ 50
11. ,Ian 2___ _____'_____
t, Feb '42----------------------
50 41 56
1 1 undated -------_-__---_____
Plumbets--------- Authorization list--- 7 7, Mar '42_____________________ 7 7 22
Boilermakers Authorization list 22
f 1, Doe '41_____________________
1 } 22 21 46--- 21 undated-------------------- 1
Blacksmiths-_____ Authorization list--- 5 5, Dee '41_____________________ 5 5 • 8
Carpenters________ Authorization list --' 6' Mar '42_____________ ________ 6 - 3 57
Operating Engi-
neers ----- ------- None---------------- ------ -------- -------------------- ------ ------ 111
B. R T __ __ Authorization cards- 18 June '42_________________ _____ 18 14 19
B L' F. E________ -Authorization cards- 25 June '42______ ________________ 25 20, 21
2 between May and Aug. '40--
" between Jan and Dee. '41__ {
Smelter Workers__ Authorization•cards- 443 359 between Jan and June '42- 440 293 1,130
41 between July and Aug '42_
- 3o tnidated _---_-_----___---
The Regional Director further stated that of the 440 apparently genuine signatures on
the cards submitted by the Smelter workers, 1 signature was the name of a person within
the unit claimed by the B. It. T . and 2 are within the unit sought liy the B. L. F. E.
The material in- the following tabulation of the authorization evidence submitted by the
I. A. M, Local No 22914 , and Local No. 23146 was inadvertently omitted from the record
which we considered in reaching our original decision :
Ap_ , Ap-
Num- par-ently
prox
imate
-
Num-
Union Evidence her of Dated genu - num- her insteno-
tares - inc
heron unit
signa- pay
Lures roll
I A M___________ Authorization cards- 9
f3 undated___ __________________
6 May '42--------------------
} 9 7 106
Local No 22914_ Authorization lists ,- 180 Between Aug '41 and Jan. '42 ' , 180 -------
and
'Local No 23146__ ' Authorization cards- 23 Between Apr 41 and May '42 23 148 760
INSPIRATION CONSOLIDATED - COPPER 'COMPANY 1165
ployees of .the Company who are hourly paid and engaged' in an
occupation bringing them within the'jurisdiction of such unions. In
the main, none of these organizations proposes to represent unskilled
or common laborers. Local No. 22914 urges a'unit of the remain-
ing production and maintenance employees working in the Company's
surface operations and Local No. 23146 would, represent, the remain-
ing employees who are not included in the units sought by the other
AFL Unions and who are employed in the mining departments.
The B. R.T. and the B. L. F. E. seek to establish two separate units
composed of the employees of the railroad department. - The Smelter
Workers, on the other hand, denies the appropriateness of the units
sought by the AFL Unions' and the Brotherhoods and insists that
only an industrial unit is appropriate, embracing all production and
maintenance employees' with the exception of supervisory, clerical,
and technical 'employees and watchmen. ^ ' The Company stated no
definite position in respect to the unit it deemed to be appropriate for
the purpose of collective bargaining.
The Company's underground copper mines are divided into three
divisions, namely, Inspiration, Live Oak, and Sulphide Tunnel, all
of which connect underground. Ore from the mines is hauled by
the Company's railroad to the.coarse crusher plant, where various
machines pulverize the ores. The crushed ores pass to the leaching
plant,,where they are further reduced in size by-4-crushing operation.
During this operation several screens remove approximately 7 per-
cent of the fine particles of ore, which are slimed and pumped to the
concentrator. The remaining ore is slimed and transported,by con-,
veyor belts to leaching tanks. Certain of these tanks subject the
slimes to an acid solution which dissolves the copper from the copper
minerals. The resulting copper .solution is piped to the electrolytic
tank house, where by, the use of electric current the copper is removed
from the solution and is deposited on cathodes. - The ore. remain-
ing in'the leaching tanks is subjected,to a series of wash waters,
which eventually flow through separate tanks containing tin cans
upon which the copper is deposited" in the form of cement copper.
The fines, previously mentioned, pass through a flotation process in
the concentrator, which produces ' copper concentrates., The tailings
from the concentrator are also pumped to the slimes-leaching plant,
where copper is.r' moved in the cement form described above.
The mechanical department embraces those services which -repair
the equipment of the operating departments in the field or in the
machine shop. Within the machine shop are the^'boiler, blacksmith,
welding, tin, and locomotive repair shops. The mechanical depart-
ment also includes the electrical • division, the -pipe fitters, pumping
stations, and the.railroad division. The Company purchases all the
1166 DECISIONS - OF NATIONAL , LABOR RELATIONS BOARD
electric 'energy -necessary for its'opeiations from, outsicles ,sources; how-
ever, , it maintains a power station for use in emergencies.
The railroad division operates a 17-mile railroad having a line which
connects with ,the Southern Pacific Railroad and also lines among
the various operations; of the Company. Switch` trains deliver sup-
plies to the Company's plants and to the plants of International Smelt-
ing and Refining Company, whose smelter adjoins the Company's prop-
erty. Other trains haul tailings from the leaching plant to the dump,
ore from the Live-Oak mine division to the coarse crushing plant, and'
crushed ore from the crusher to the concentrator.
The unit sought ,by the I.' B. E. W. includes, in general, the elec
tricians, electrician helpers, electrician' ii,-orking foremen, the arma-
ture winder, the telephone maintenance man, and the lamp tender of
the electric shop in the-mechanical and railroad departments and of the'
Inspiration mine division. These employees are skilled workmen
engaged in maintaining and 'repairing equipment of the mines and
surface plants . The L B. E. W. would also represent the assistant
engineers of the power plant; who are engaged principally in the opera-
tion of,the plant's switchboard, and the cranemen who operate electric
cranes in the concentrator and slimes-leaching plant and in the coarse
- crusher' department. 'Ili addition, the I. B. E. W. seeks- to represent
cranemen, "helpers ( tank house )," the "electrician ( crane )," bridge
operators, bridge-operator helpers, electricians, the electrician helper,
and substation operators of the leaching plant. The-"helpers '(bank
louse)" assist the cranemen In-the operation of electric cranes,,which
are maintained and repaired by the "electrician ( crane )." The bridge
'operators , assisted by-helpers , are in charge of an excavator used to
remove tailings ;from- the leaching tanks. The substation operators
control the operation of generators producing direct current used in
the electrolytic-tank house. I '
The Plumbers urges a•unit composed of the pipe fitters,,pipe-fitter'
helpers, the pipenian helper, and, the'pipe-line inspector employed in
various departments, and also the pipe-fitter working foreman, lead-
burners, and the lead-bii"rner apprentice of the leaching plant. These-
employees are skilled workmen- engaged in the insi-afl tion;. main-
tenarice, and repair, hf-pipe lines in the mines and surface plants of the
Company.. The lead burners, assisted by the apprentice, line leaching
tankswith lead sheets and join lead pipes.
The Boilermakers , seeks to represent the welders of the coarse - crush-
ing department and of the leaching plant, in addition to the boiler-
makers, the, boilermaker appreltice, boilermaker helpers, the steel
working foreman , the,tinsmith working foreman , the tinsmith; tin-
smith helpers, the welder working foreman, welders, and car repair-
men of the ^mechanical'and railroad departments. Such employees
INSPIRATION CONSOLIDATED COPPER COMPANY 1167
buil&and,i pair equipment made of steel plate and light sheet metal,
perform welding, and repair ore cars.
The Blacksmiths contends that the blacksmith and blacksmith
helpers of the mechanical and railroad departments, and the'black-
smith, the drill sharpener, the helpers of the tunnel yards constitute
an appropriate unit. These employees, assisted by helpers, make
various kinds of forgings and sharpen tools and equipment for use
in 'the mines.
The Carpenters desires to represent carpenters and the say filer of
the-tilii,nel' yards and the carpenter working foreman of the leaching
plant, in addition to. carpenters and carpenter helpers of the real
estate department, the concentrator and slimes-leaching plant, and the
mechanical and railroad departments. These employees are engaged
in the maintenance, repair, and construction of company-owned houses,
buildings, and equipment.
The unit proposed by the Operating Engineers, in general embraces
employees engaged in` the operation of power-driven machinery ,and
equipment. Included in its unit are the pumpmen, operators,4'operator
helpers, millmen, the millman helper, the oil transferman, oilers, fire-
men, pump operators, heating-plant operators, roll operators, and
roll-operator helpers employed in the concentrator and slimes-leaching
plant, the coarse, crusher department, the leaching, plant, and the
power plant. The pumpmen operate electric pumps which remove
excess' °^i*ater from the concentrator and slimes-leaching, plant and
from the leaching plant. The operators, assisted by helpers, are in
charge of the, operations of the concentrator and slimes-leaching plant
and of the fine-crushing machinery in the leaching plant. The millmen
operate the ore,-reduction machinery of the concentrator and, slimes-
leaching' plant and of the coarse crusher department. The oilers
grease and oil the equipment of-the departments where they -are-em-
ployed. The firemen are in charge of the oil burners in the boiler room
of the power plant, and the heating-plant operators perform similar
duties with respect to boilers which heat solutions used in the leaching
1Plant. In addition, to the craneman of the tunnel yards department
who operates a ,self.-propelled crane, the Operating Engineers :also
desires to represent hoist operators, the tippleman; the pumpman,
operators, and oilers of the Inspiration mine and Live Oak mine divi-
sions. The operators and hoist operators are in charge of the various
hoists which lower men and supplies into the mines and which remove
ore from the nines. They also operate compressors which force air
into the mines ancLare in charge of the power switchboard which_con-
trols the distribution of electric current. The tippleman operates a
4 The Operating Engineers excludes Arthur L Welch, an operator. who is engaged exclu-
sively in repair work -
1168 DECISIONS, .OF -NATIONAL LABOR RELATIONS BOARD
rotary car dumper underground. The petition of the Operating
Engineers also covers pump operators, oilers, conductors, firemen,
engineers, and brakemen of the mechanical and railroad department.
The I. A. M.'s unit includes the machinist helpers, machinist ap-
prentices, the locomotive machinist, hostlers, the auto-mechanic work-
ing foreman, the molder, the machinist, the senior repairman, and the
machine repairman of the mechanical and railroad clepartiuents and
of the tunnel yard. These employees are "skilled workmen employed
in ,machine shops in repairing.and maintaining equipment and ma-
chinery of the Company's various operations.. The I. A. Al. would
also represent similar employees who maintain and repair the machin-
ery of, the power plant, the coarse crusher department, the leaching
plant, and the concentrator and slimes-leaching plants. Such em-
ployees are classified as repairnien,,repairman helpers, repair foremen,
machinists, power-plant helpers, the boiler-'room helper, and main-
tenance men. The I. A. Al., in addition, desires to bargain for shaft
machinists, underground-car repairman, the car repairman helper,
and the underground-locomotive machinists of the Inspiration mine
and the Live Oak mine divisions. The shaft machinists .are skilled
mechanics in charge of the repair and maintenance of machinery
appurtenant to the shafts. The car repairmen and the undergrouncl-
locomotive machinist repair ore cars and locomotives used in the mines.
The B. R. T. contends that all conductors, brakemen, and dispatchers,
including Lowell A. Bassett and Carl S. Oakland, of the railroad
department constitute an appropriate unit. The B. L. F. E. desires
to represent the locomotive engineers, firemen,, hostlers, and hostler
helpers of the railroad department. .
Local No. 22914 seeks a unit composed of the remaining production
and maintenance employees working on the surface, with the exception
of watchmen and certain supervisory employees. Such a. unit em-
braces laborers, truck drivers,, painters, - masons, samplers;, yhelpers,
and various miscellaneous machine operators. Local No., 23146 desires
to represent the remaining production and maintenance employees,
excluding specific supervisory employees, who work underground and
'who are not claimed by the other AFL Unions. Most of these. em-
ployees are engaged in the actual mining of the ores.' These two
organizations thus contend that two residual units of production 'and
maintenance employees are appropriate, one consisting of under-
ground employees and the other.of surface employees. We are of the
opinion that such a distinction is unwarranted. - The request of. Local
No. 22914 and Local No. 23146 for the establishment of two separate
residual units is hereby denied. -
The Smelter Workers denies the appropriateness of the units urged
by the AFL Unions and the Brotherhoods and contends, in general,
INSPIRATION CONSOLIDATED - COPPER COMPANY - 1169
that all production and maintenance employees, excluding supervisory,,
clerical, and technical employees and watchmen, constitute an appro-
priate unit. It would include in'the industrial unit most of the fore-
going classifications, with certain exceptions hereinafter discussed.
As indicated previously in Section III, the I. B. E. W., the Plumbers,
the Boilermakers, 'the Blacksmiths, and the Brotherhoods have or-
ganized substantial numbers of employees in the craft groups hereto-
fore described, while Local No. 22914 and Local No. 23146 have enlisted
the membership of a considerable number of employees iii the residual
production and maintenance group. The Carpenters and the I. A. Al.
produced evidence, though-by no means consequential, that some em--
'ployees in these craft groups have indicated a desire to bargain in
separate craft units. However, no evidence of self-organization was
produced in the unit urged by, the Operating Engineers. The Smelter
Workers' campaign, on the' other hand, has enlisted the membership
of a substantial number of employees on an industrial basis.
From the foregoing it appears that the•employees in the units pro-
posed by the craft organizations and the remaining production and
maintenance employees might properly constitute separate bargaining
units or might be'lnerged in the single industrial unit urged by the
Smelter Workers.° In this situation we shall permit the scope of the
bargaining unit or units to be determined in part,by the results of
separate elections.e , ,
B. The voting units - ,
There remains for consideration the specific composition of the
voting units. -
The AFL Unions and the Smelter Workers are in substantial agree-
-ment with respect to the exclusion of the following employees from
any unit : telephone operators , the messenger , the carpenter foreman,
stock clerks , and timekeepers of -the real estate, warehouse ,,and mis-,
cellaneous • departments ; the labor foreman of the concentrator and
slimes-leaching plant; labor foremen, carpenter working foremen, the
machinist foreman, the pipe-fitter foreman, the electrician foreman,
'Although the authouzation evidence submitted by the I. A M, and the Carpenters
would ordinarily be insufficient to warrant the direction of elections in the craft groups
they urge to be appropriate and would compel us to include these groups in the residual
voting unit of production and maintenance employees, we shall, in this instance, depart
from our customary practice and order elections among the machinists and carpenters,
since all other craft groups are participating in the elections
9 See Matter of Phelps Dodge Corporation and Bisbee Miners Union, #22'92,'and Ameri-
can Federation of Labor, et at, 41 N L. R B 140, and cases cited- therein In view
of the fact that the Opeiating Engineers presented no evidence to show that it represented
any employees of the Company, we shall not accord it a place on the ballot However.
since the employees 'In the unit sought by that organization are frequently organized on
a craft basis, we shall not include them with the residual unit of production and mainte-
nance employees, as we did in the original decision, but shall direct an election among
them in a separate voting unit -
487498-42-vol 44--74 1
1170 DECISIONS . OF, NATIONAL -LABOR RELATIONS BOARDS
the elect,riciiin, cferk,, the assistant, track, foreman, ,and- the ,track-, fore-
man of the mechanical and railroad departments ; the boiler foreman,
power-plant foremen , and the'clerk of the power plant ; watchmen;
the extraction engineer , shift bosses, haulage bosses , and timekeepers
of the Inspiration mine division ; crusher bosses and the repair boss,
of the coarse crusher department; shift ,bosses of the Live Oak-mine
division and the Sulphide Tunnel mine area; dump' foremen, the chief
sampler, crusher foremen , the tank-house working - foreman, tank-
house -shift bosses, repair foremen, the electrician foreman, and the
timekeeper of the - leaching plant. Since the' authority and duties of
these employees differ substantially from those of the produ'tioii"and
maintenance workers, we shall exclude them from the voting units.
The AFL Unions would exclude from the units which they contend
to be appropriate, the laboratory assistant of the leaching plant, whom
the Smelter Workers desires to'include,in its unit. He is an unskilled
employee who. assits the chemists by carrying samples, washing bottles,
and cleaning the laboratory. Since his duties are within the main-
tenance category, we shall include him in the residual voting unit.
The Smelter Workers urges the exclusion of the following classifi-
cations of employees which the AFL Unions desire to represent:
1. The carpenters and carpenter helpers of the real estate department
work in an auxiliary carpenter shop attached to the office of the real
estate agelit. They are engaged in the maintenance and repair of
houses and buildings owned -by the Company. In view of the,,fact
that they clearly, perform maintenance functions, we shall' include
them in the Carpenters' voting unit.'
2. The truck driver, the garbage collector, painters, and masons of
the real estate department. The painters and iri sons are engaged in
the repair and maintenance of company-owned houses and buildings.
The truck driver delivers supplies to the real estate department. The
garbage collector collects waste from all the company-owned houses.
Since the Smelter Workers desires to represent truck drivers of other
departments, 'and' since- the masons and painters are clearly maid-,
tenance employees, we 'shall, include the truck driver, painters, and
masons iii tlie residual voting unit, but we shall'exclude`the "gtirbage
collector from all voting units. -
3. The truck driver-stock clerk of the warehouse department speiuls
most of his time delivering supplies from the warehouse to various
parts. of the Company's operations. The remainder of the' tine he
acts as a clerk inn the warehouse. As his duties are closely related to
those of production and maintenance employees, we shall include him -
in the residual voting,unit. ,
4. Alex W. Andrews is listed on the pay roll as an operator in the
concentrator and slime's-leaching plant and was included in the unit
proposed by, the Operating Engineers. However, he is presently
i
INSPIRATION CONSOLIDATED COPPER COMPANY 1171
em^^loyed as,anrassistant, to the mill foreman and,,has,semisiiperyisgry
duties. Additional machinery is now being installed in the conden-
trator and Andrews assists the mill foreman and the superintendent
in, working out the details of such installations. As his work is
substantially different from that of the other ' operators, we shall
exclude him from all voting units.
5. The welder working foreman, the tinsmith 'working foreman,
and the steel working foreman of the mechanical and railroad de-
partments direct the work of employees in their departments, but
their primary, f, unction appears to be that' of, leaders or pushers, since
they are themselves engaged,-in mami'al labor most of the ; time..''1?he
welder working foreman and the tinsmith working foreman have au-
thority to ^recommnnend the discharge of employees subject to their
direction. J n our. opinion the supervisory duties of these employees
are root of such a nature as to-warrant their exclusion from the voting,
units. -We shall accordingly include the welder working foreman,
the tinsmith working foreman, and the steel working foreman in the
Boilermakers' voting unit.
' 6. The electrician working foreman of the mechanical and rail-
road departments and the electrical foreman of the Inspiration nine
division possess . duties similar to those of the, working foreman de-
'scribed above. The electrician working foreman devotes 50 percent
df his-time, to supervisory duties and.'the remainder to performing
electrical" repairs. He has no power to hire or''discharge employee's'
or to recommend such ;action. The electrical foreman is the leadman
of the electricians' gang in the nines and spends most of his time
performing manual repairs. It appears that he has authority to,
recommend the discharge of employees. In our opinion, these em-
ployees possess few, if any, snpervisony'duties and we'shall accordingly'
include them in the I. B. E.-WW?.'s voting unit.
7.' The repair foreman of the power plant is engaged 50 percent
of the time nn supervising the work of machinists and Helpers and
spends the remainder of the time 'performing repairs . Since he has no
authority to discharge employees, we shall include hum in the I.,A. M.'s
voting unit.
8. The repair working foremen of the leaching plant similarly are
engaged as leadmen of the repair crew. As they have no authority
to discharge' or- to recommend the discharge of emmployees, we shall
include them in the I. A. DM's voting unit. '
9. The pipe-fitter working foreman of the leaching plant,is in
charge of the repair of all pipe lines with the exception of lead pipe
lines, in ,the plant.- He works' alone but, on occasion, may be as-
sisted "by' helpers or laborers. Since his duties are clearly not of a
supervisory natiu•e, we,sliall include him'in the Plumbers' voting unit.
.1172 ' DECISIONS,',OFt NATIONAL" LABOR' RELATIONS BOARD-
10. The'carpenter working foreman of the leaching plant similarly
works alone and performs all general and miscellaneous carpenter
work connected with the leaching plant. ,'.We shall include him, in the,
Carpenters' voting unit.?
11. The "working foreman (crane operation)" of the leaching plant
ordinarily works alone on the repair of cranes; excavators, and the
excavating bridge. Although he was not excluded froin any of the
units urged by the AFL Unions at the hearing, lie was not included
specifically in the units of any of those unions. We. shall include
the "working foreman (crane operation) ", in the Operating En-.
gineers' voting unit.
Arthur L. Welch, who is listed on the -pay roll as an operator in
the concentrator and slimes-leaching plant, was specifically excluded
from the unit urged by the' Operating Engineers for the reason that
he is exclusively engaged in repairing machinery of the concentrator.
However, he was not included in- any of the units sought- by the other,
AFL Unions. Since the I. A. M. seeks to represent the repairmen
working in the concentrator and slimes-leaching-plant, we shall, in-
clude Welch in the I. A. M.'s voting unit.
The, carpenter of the concentrator and slimes-leaching plant,'the
machinists of 'the mechanical and railroad departments, and the, re-
pairmen of the leaching plant were not specifically included in any
of the units proposed by AFL Unions. As the I. A. M. seeks td
represent similar "employees, we shall include the machinists and, the
repairmen in the I. A. M.'s voting unit., Similarly, we shall include
the carpenter in the Carpenters' voting unit. _ '
- The AFL Unions and the Smelter Workers would exclude Lowell
A. Bassett, the clerk of the railroad department, from all voting units.
The B. R. T. desires to include him in its voting unit. Since he
spends most of his time performing the duties of a dispatcher, we shall
include hiiii in the B. R. T.-'s voting unit.
• ,Both the Operating. Engineers and'the Brotherhoods seek to repre=
sent the conductors, firemen, engineers, and brakemen of the -railroad
department. The history of collective bargaining in the industry
clearly demonstrates that these employees belong in the voting units
of the Brotherhoods." We shall therefore include the ' conductors
and brakemen in the B. R. T.'s voting unit and the engineers and fire-
men in the B.'L. F. E.'s voting unit.
Similarly, both the I. A. M. and the B. L. F. E. desire to bargain
for the'hostlers of the railroad, department. Hostlers oil, clean, and
Y In its, brief , the Smelter workers reverses its position with regard to the carpenter
working foreman and urges his inclusion in its unit
8 See Matter of Phelps Dodge Corporation ( New Cornelia Branch ) and Biotheihood of
Loeomottive Firemen cC Engine,nen ,' et al., 40 N L R B. 180 and cases cited therein
INSPIRATION CONSOLIDATED COPPER COMPANY 117'3
inspect locomotives. They perform minor repairs and assist the loco-
motive' machinist; who is included in the unit of the I. A. M. On' the
'facts revealed by the record before us, we are of the opinion that
hostlers logically fall within the B. L. F. E.'s unit. We shall there-
fore include them in the B. L. F. E.'s voting unit and shall exclude,
them from,the I. A: M.'s voting unit.
Upon the basis of the entire record, and in accordance with the
foregoing findings of fact, we shall order elections among, the em-
ployees of the Company within the groups described below.:
1. The cranemen of the concentrator and slimes-leaching plant and
of the coarse crusher- department; electricians, electrician helpers,
the armature winder, and the telephone maintenance man of the
mechanical and railroad departments; assistant engineers of the power
plant; electricians and the` lamp tender of the Inspiration mine. divi-
sion; cranemen, the "electrician (crane)," "helpers (tank house),"
bridge operators, bridge-operator helpers, electricians, the electrician
helper, and substation operators of the leaching plant, including the
electrical foreman of the, Inspiration mine division and the electrician
working foreman of the. mechanical. and railroad departments, but
excluding the electrician foreman and the electrician clerk of the
mechanical and railroad departments, the electrician foreman of the
leaching plant, and foremen and the clerk of the power plant, to de-
termine whether they desire to be represented by the I. B. E. W. or
• by the Smelter Workers, for the purposes of collective bargaining,
or' by neither; • •
2. The pipe fitters, pipe-fitter helpers, and the pipe-line inspector
of the mechanical and railroad departments; the pipe fitter and the
pipeman helper of the concentrator and slimes-leaching plant; the
pipe fitter of the power plant; lead burners and the lead-burner
apprentice of the leaching plant, including the pipe-fitter working
'foreman of the leaching plant,^but excluding the pipe fitter foreman
.of the mechanical and railroad departments' and .repair. foremen, of
the leaching plant, to determine whether they desire to be represented
by the Plumbers or by the Smelter Workers, for the purposes of cor-
lective bargaining, or by neither; -
3. The boilermakers, the boilermaker apprentice, boilermaker-
helpers, the tinsmith, tinsmith helpers, welders, and car repairmen of
the mechanical and railroad departments; and the welders of the
coarse crusher department and of the leaching plant, including the
steel working foreman, the tinsmith working foreman, and the welder
working foreman of the mechanical grid railroad departments, to de-
termine whether they desire to be represented by the Boilermakers
or by'the Smelter Workers, for the,purposes-of collective bargaining,
or by neither; _
1174 DECISIONS OF NATIONAL LABOR , RELATIONS BOARD
4. The blacksmith and blacksmith helpers of the mechanical and
railroad departments; and the blacksmith, the drill sharpener, helpers,
and the "helper machine shop" of the tunnel yards to determine
whether they desire to be represented by the Blacksmiths,or by the
Smelter Workers, for the purposes of collective bargaining, or .by
neither; `
5. The carpenters and carpenter helpers of the mechanical and rail-
road departments ; and carpenters and the saw filer of the tunnel
yards, including the carpenters and carpenter helpers , of the, real
estate department, the carpenter of the concentrator and slimes-leach
•ing plant, and the carpenter working foreman of,the leaching plant,
but excluding the carpenter foreman of the real estate department
and carpenter working foremen of the mechanical and railroad de-
partments,,to determine whether they desire to be represented by the
Carpenters or by the Smelter Workers, for the purposes of collective
bargaining, or by neither;
6. The pumpman, operators, operator helpers, milhnen, and, the
millman helper of the concentrator and slimes leaching plant; pump
operators and the oiler of the mechanical and railroad departments;
the oil 'transferman, oilers, itincl firemen of the power plant; the
`double-drum hoist operator, the single-drum hoist operator, the tip-
pleman, the pumpman, operators, the hoisthouse•.oiler, and the oiler of
_,the Inspiration mine division ; firemen, milhnen, and oilers of the coarse
crusher department; double-drum hoist operators of the Live Oak
mine division ; the crane operator "of the tunnel yards ; the "operator
(swing,inan)," pumpmen, heating-plant operators,-the operator, roll
'operators, and roll-operator helpers of the leaching plant, including
the "working foreman (crane operation)" of the leaching plant, but
excluding Alex W. Andrews and. Arthur L. Welch of the concen-
trator 'and slimes-leaching plant; firemen, engineers, brakemen, and
conductors of the mechanical and railroad departments; the boiler
foremen and the foremen of the power plant; crusher bosses of the
coarse crusher department; the extraction engineer, shift bosses, and
haulage bosses of the Inspiration mine division; shift bosses of, the
Live Oak ,mine division and the Sulphide Tunnel mine area; and
crusher : foremen, the tank-house' working foreman, and tank-house
shift bosses of the leaching plant, to determine whether or not they
;desire to be represented by,the Smelter Workers for the, purposes of
collective bargaining ;
7. The repairmen and repairmen helpers of the concentrator -and.
slimes -leaching plant ; machinist helpers ,' machinist apprentices; the
locomotive machinist, the auto-mechanic working foreman, and the
molder of the mechanical- and, railroad departments;' the machinist,
power'-plant helpers ; and the boiler-room helper of the power. plant ;
INSPIRATION CONSOLIDATED COPPER COMPANY 1 1175
the shaft machinist and the "haulage (car repairman helper)" of
the "Inspir;tion mine divi'sioil ; repairmen and, repairmen' helpers-of
the coarse crusher department; shaft machinists, the underground-
car repairman, and the underground-locomotive machinist of the
Live Oak mine division; the machinist, the helper machinist, the sen-
ior re hirlnan, , and the machine repairman of the tunnel yards;
repairman helpers and maintenance men of the.leaching plant, in-
cluding the repair foreman of the power plant; repair working fore-
men"and repairmen of the leaching-'plant; Arthur L. Welch of the
concentrator and slimes-leaching plant; and machinists of the mechan-
ical and htilroad departments, but excluding hostlers and the machin-
ist foreman of the mechanical and railroad departments; the boiler,
foreman and foremen of the power plant; the repair boss of the
coarse crusher department; and the repair foreman of the leaching
plant, to determine whether they desire to be represented by the
I. A. Al. or by the Smelter Workers, for The purposes of collective
bargaining, or by neither ;
8. The conductors, brakemen, and dispatchers of the railroad de-
partment, including Lowell A. Bassett and Carl ' S. , Oakland, to de-
termine whether they desire to be represented by the B. R. T. or by
the Smelter Workers, for the purposes of collective bargaining, or
by neither ;
9. The engineers, firemen, hostlers, and hostler helpers of the rail-
road department to determine whether they desire to be represented
,by the, B. L. F. E. or by the Smelter Workers, for the purposes of
collective bargaining, or by neither; and '
10. The remaining employees of the underground and surface de-
partments, including the laboratory assistant of, the leaching plant;
the truck driver, painters, and masons of the real estate department;
.and the truck driver-stock clerk of the warehouse department, but
,excluding the garbage collector, telephone operators, the messenger,
the carpenter forenman, stock clerks, and timekeepers of the real,
estate, warehouse,' and miscellaneous departments; the labor fore-
man and Alex W. Andrews of the concentrator rind" slimes-leaching
plarit; labor foremen, carpenter working foremen, the machinist fore-
man, the pipe-fitter foreman, the electrician ,foreman,"the electrician
clerk, the assistant track foreman, and the track foreman of the
mechanical and railroad departments; the boiler foreman, power-
plant foremen, and the clerk of the power plant; watchmen; the ex-
traction engineer, shift bosses,'haulage bosses, and timekeepers of the
Inspiration mine division ; crusher bosses and 'the repair- boss of the
coarse crusher department; shift bosses of the Live Oak mine division
.and the ',Sulphide Tunnel mine area; dump foremen, the chief
sampler, cr'usher foremen, the tank-house • working . foreman, tank-
1176 DECISIONS OF NATIONAL LABOR RELATIONS BOARD -
house shift bosses, repair foremen, the electrician, foreman, and,the
timekeeper of the. leaching plant; and supervisors and executives, to
determine whether they desire, to be represented by the American
Federation of Labor or by the Smelter Workers, for the purposes of
collective bargaining, or by neither.
As stated above, there will be no final determination of the/appro-
priate unit or units pending the,results of the elections. The groups
that choose the AFL Unions as their bargaining representative will
constitute separate and, distinctive appropriate units. Those groups,
With the exception of the sixth voting unit, choosing the Smelter
Workers will, together, constitute a single appropriate unit. If a
majority of the employees voting in the sixth voting unit desires to
be represented by the Smelter Workers, they will constitute a sep-
arate voting unit. _ - -
V. THE DETERMINATION OF REPRESENTATIVES
The statements with regard to the authorization evidence sub-
mitted by the labor organizations previously set forth,9' indicate
-that` the' I. B: E. W., the Plumbers, the Boilermakers, the Black-
smiths, Local No. 22914, Local No. 23146, the Brotherhoods, and the
Smelter Workers represent a substantial number of employees within
the units urged by them to be appropriate. Under usual circum-
stances, the authorization evidence submitted by the Carpenters and
the I. A. M. would be insufficient to justify the Board in conducting
elections in the groups which those organizations contend are ap-
propriate. However, since we are directing elections among several
groups of the Company's employees, we are of the opinion that as a
matter of expediency our customary rule should be relaxed in order
to afford all employees of the Company an opportunity to vote in
the elections. We shall -accordingly order elections to be conducted
in the craft groups urged by the .Carpenters and the I. A. M.10 Since
' the-Operating Engineers -presented no evidence to show that it repre-
sents any of the Company's employees, we shall not accord it a place
on the ballots in the elections hereinafter directed.
The Smelter Workers desires to be designated on the ballots as
Miami'Miners' Union, Local No. 586, International Union of Mine, Mill
and Smelter Workers, C. I. O. The request is hereby granted. To
determine eligibility to vote, the AFL Unions urge the use of the
pay -roll immediately preceding the election, 'the Brotherhoods pre-
fer the use of the pay roll of July 1,.1942, and the Smelter Workers
o See footnotes 2 and 3, supra. '
10 We reserve , however , the right to refuse to certify any union as the statutory repre-
sentative of the employees in these two groups, if the results of the elections in such
groups are noncrepresentatlve. -
INSPIRATION CONSOLIDATED COPPER COMPANY 1177
',requests'the use of av pay roll current at the time , of the hearing.
We find no reason to depart from our original decision and shall
accordingly `direct that the employees eligible to vote in the elections
shall be those who were employed during the pay-roll period im-
mediately preceding September 18, 1942, the date of our original
Decision lierein ^ subject to such limitations and additions as are set
forth in the Direction.;
ORDER
TJpon the basis of the above findings of fact and the entire record
in the case, the National Labor Relations Board hereby orders that
the Decision and Direction of Elections issued on September 18,
1942, be,'and it hereby is, vacated and set aside.
DIRECTION OF ELECTIONS
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, 49 Stat. 449, and pursuant to Article III,,Section 8,
of National Labor Relations Board Rules and Regulations-Series 2,
as amended, it is hereby
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with Inspiration Consolidated Copper Company, Inspiration,
Arizona, elections by secret ballot shall be conducted as early as
possible, but not later than forty-five (45) days after September 18,
1942, under the direction and supervision of the Regional Director
for the Twenty-second Region, acting in this matter as agent for
the National Labor Relations Board, and subject to Article III, Sec-
tion 9, of said ' Rules and Regulations, among all employees of the
Company in each of the, groups described below who were employed
during the pay-roll period immediately preceding September 18,
1942, including any such employees who did not work during that
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 any who have since quit or been discharged
for cause': ,
(1), The cranemen of the concentrator and slimes-leaching plant
and' of the coarse crusher department; electri'ciims, electrician help-
ersi,the armature winder,'and the telephone maintenance man of the
mechanical and railroad departments ; assistant engineers of the
power plant ; electricians and the lamp tender of the Inspiration
mnipe division ; cranemen, the "electrician (crane )," "helpers (tank'
house),," bridge , operators, bridge-operator helpers , electricians, the
11781" "DECISIONS OF NATIONAL LABOR RELATIONS BOARD
electrician helper, and substation operators-of the leaching plant,
including the electrical foreman of the Inspiration mine division
and the electrician working foreman of the mechanical and railroad
departments, but excluding the electrician foreman and the electri-
cian clerk of the mechanical and 'railroad departments, -the electri-
cian foreman' of the leaching plant, and, foremen and the clerk of
the power plant, to determine whether they desire to be represented
.by International Brotherhood of Electrical Workers, Local B-518,
AFL, or by Miami Miners' Union, Local No.'586, International Union
of Mine, Mill and Smelter Workers, C. I. O. for the purposes of collec-
tive bargaining, or by neither;
(2) The pipe fitters; pipe-fitter helpers, and the pipe-line inspector
of the mechanical and railroad departments; the pipe fitter and the
pipeman helper of the concentrator and slimes-leaching plant; the
pipefitter of the power plant; lead burners and the lead-burner appren-
tice.of the leaching plant, including the pipe-fitter working foreman of
the leaching plant, but excluding the pipe-fitter fOreman of the mechan-
ical and railroacl'departmnents and repair foreman of the leaching plant,
to determine whether they desire to be represented by United Associa-
tion of Plumbers & Steam Fitters of the United States &, Canada. Local
No. 808, A. F. L., or by Miami Miners' Union, Local No. 586, Interna-
tional Union 'of Mine, Mill and Smelter Workers, C. I. 0., for the
,purposes of collective bargaining, or by neither;
.(3) The boilermakers, _ the boilermaker apprentice, boilermaker
helpers, the tinsmith, tinsmith helpers, welders, and car repairmen
of the mechanical a'ul'railroad departments; and the welders of the
coarse crusher department and of the leaching plant, including the
steel working foreman, the tinsmith working foreman, and the
welder working foreman of the mechanical and railroad depart-
ments, to' determine whether they desire to be represented by Inter-
national Brotherhood of Boiler Makers, Iron Ship Builders & Help-
ers, Local No. 187, A. F. L., or by Miami Miners' Union, Local No. 586,
International Union of Mine, Mill and Smelter Workers, C. I. 0., for
the purposes of collective bargaining, or by neither;
(4) The blacksmith and blacksmith helpers of the mechanical
and railroad departiiients;, and the blacksmith, the drill sharpener,
'hell5ers, and the' "helper machine "shop" of the tunnel yards to de-
termine whether they desire to be represented by international
Brotherhood of Blacksmitlis, Drop Forgers & Helpers, Local No. 625,
A. F. L., or by, Miami Miners' Union, Local No. 586, International
Union of Mine, Mill and Smelter Workers, C. I. 0., for the purposes
Df collective bargaining, or by neither;
(5) The carpenters and carpenter helpers of the mechanical and
railroad departments; and carpenters and the saw filer of the tunnel
O
INSPIRATION CONSOLIDATED COPPER COMPANY- .1179
yards, including the carpenters and carpenter helpers of the real
estate department, the carpenter of the concentrator and slimes-
-leaching plant, and the carpenter working foreman of the leaching
plant, but excluding the, carpenter foreman of the real estate depart-
ment and carpenter working foremen of the mechanical and railroad
•dep€irtments, to determine whether they desire to be represented by
United Brotherhood of Carpenters-& Joiners of America, Local No.
1538, A.:F. L:, or by Miami Miners' Union; Local No. 586, Inter-
national Union of Mine, Mill and Smelter Workers, C. I. 0., for the
purposes of collective bargaining. or by neither;
(6) The puinpmen,, operators, operator helpers, millmen, and the
inillman helper of the concentrator and slimes-leaching plant; ,primp
operators and the oiler of the mechanical and railroad departments;
the oil transferman, oilers, and firemen of the power plant; the
double-drum hoist operator, the single-drimi hoist operator, the tipple-
man, the punipman, operators, the hoisthouse oiler,' and the oiler of
the Inspiration mine division; 'firemen, millmen, and oilers of, the
coarse crusher department; double-dru hoist operators of the Live
,Oak mine division; the, crane operatm or of the tunnel yards; the
"operator (swing man)," pumpmen, heating-plant operators, the
operator, roll operators, and roll-operator helpers of the leaching
plant, including the "working foreman (crane operation)" of the
leaching plant , but excluding Alex W. Andrews and ArthurL. Welch
of the concentrator and slimes-leaching plant; firemen, engineers,
brakemen, and conductors of the mechanical and railroad depart-
ments; the boiler foreman and the foremen of the power plant;
crusher bosses of the coarse crusher. department; the extraction en-
gineer, shift bosses, ahd haulage bosses of the Inspiration mine divi-
sion; shift bosses of the Live Oak mine division and the Sulphide
Tunnel mine area; and crusher foremen, the tank-house working
foremen, and tank-house shift bosses of the,; leaching plant, to de-
ternmine whether or not they desire to,be represented by Miami
Miners' Union, Local No. 586, International Union of Mine, Mill and
Smelter Workers, C. I. '0., for the purposes of collective bargaining;
(7) The repairmen and repairmen helpers of-the concentrator and
slimes-leaching plant; machinist,-helpers, machinist apprentices, the
locomotive machinist, the auto-mechanic working foreman, and the
molder of the mechanical and railroad departments'; the machinist,
power-plant helpers, and the boiler-room helper' of the power plant;
the shaft machinist-and the "haulage (car repairman helper)" of the
Inspiration mine division; repairmen and. repairmen helpers of the
coarse crusher department; shaft machinists, the underground-car
repairman, and the undergroiuml-locomotive machinist of the` Live
1.180 DE;cISIONS SOP NATIONAL LABOR RELATIONS BOARD
Oak mine division ; the machinist , the helper machinist , the senior
repairman , and the machine repairman 'of the tunnel yards; repair-
man helpers and maintenance men of the leaching plant, "including
the repair foremen of the power plant ; repair working foremen and
repairmen of the leaching plant ; Arthur L. Welch of the concentrator
and slimes -leaching plant; and machinists of the mechanical and
railroad department 's; but excluding hostlers and the machinist fore-
man of the mechanical and railroad departments; the boiler foreman
and foremen of the power plant; the repair boss of the coarse crusher
department ; and the repair foremen- of the leaching 'plant, to de-
termine whether they desire to be represented- by International Asso-
ciation of Machinists, Gila.Valley Lodge No. 1342, A. F. L., or by
Miami Miners' Union , Local ,-No. 586, International Union ' of'Mine,
Mill and Smelter Workers, C. I. 0., for the purposes of collective
bargaining, or by neither;
(8) The conductors, brakemen, and dispatchers of the railroad
department, including Lowell A. Bassett and Carl S. Oakland, to
determine whether they desire to be represented ' by Brotherhood of
Railroad Trainmen or by Miami Miners ' Union, Local No. 586,
International Union of Mine, Mill and Smelter Workers, C. I. 0.,
for the purposes of collective bargaining , or by neither;
(9) The engineers , firemen, hostlers , and hostler helpers of the
railroad ' department to determine whether they' desire to be repre-'
sented by Bi otherhood of Locomotive Firemen and Enginemen or
by Miami ' Miners ' Union ,' Local No. 586, International Union of
Mine, Mill and Smelter Workers, C. I. 0., for the purposes of col-'
lective bargaining, or 'by neither ; and
(10) The remaining employees of the underground and surface
departments ; including the laboratory assistant of the leaching plant;
the truck driver, painters, and mason's of the real estate department;
and the truck driver-stock clerk of the warehouse , department, but
excluding the garbage collector , telephone operators , the messenger,
the carpenter foreman, stock clerks, and timekeepers of the real
estate, warehouse ,, and miscellaneous departments; the labor foreman
and Alex W. Andrews of the concentrator and 'slimes-leaching plant,
labor foremen , carpenter working foremen , the machinist foreman,
the pipe-fitter foreman, the electrician foreman, the electrician clerk,
the assistant track foreman , and the track foreman of ' the mechanical
and railroad departments ; the'boiler foreman, power plant foremen,
and the clerk of the power plant ; watchmen ; the extraction engineer,
shift bosses , haulage bosses ,-and timekeepers of the Inspiration mine
division ; crusher bosses and the repair boss of the coarse crusher ' depart-
meat;,shift bosses of the Live Oak mine division and the Sulphide
INSPIRATION CONSOLIDATED COPPER COMPANY 1181
Tunnel mine area ; dump foremen, the chief sampler, crusher fore-
men•,vthe tail-house avorking foreman, tank-hou"se,,shift bosses; rep`air-
foremen, the electrician foremen, and the timekeeper of the leaching
,plant; supervisors and executives, to determine whether they desire
to be represented by the American Federation of Labor or by Miami
Miners' Union, Local No. 586, International Union of Mine, Mill and
Smelter Workers, C. I. 0., for the purposes of collective bargaining,
or by neither.
MR. GERARD D. REILLY took no part in the consideration, of the
above Decision,' Order and Direction of Elections.,