International Smelting and Refining Co.

National Labor Relations Board - Board DecisionsAug 10, 1942

42 N.L.R.B. 1364 (N.L.R.B. 1942)

In the Matter Of INTERNATIONAL SMELTING AND REFINING COMPANY and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL B-518, A. F. L In the Matter Of INTERNATIONAL SMEI TING AND REFINING COMPANY and GLOBE-MIAMI MILL AND SMELTER WORKERS UNION No 22914 In the Matter Of INTERNATIONAL SMELTING AND REFINING COMPANY and INTERNATIONAL BROTHERHOOD OF BLACKSMITHS, DROP FORGERS & HELPERS, LOCAL No 625, A F. L In the Matter of INTERNATIONAL SMLLTING AND REFINING COMPANY and INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL No. 424, A F. L In the Matter Of INTERNATIONAL SMELTING AND REFINING COMPANY and INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIP BUILDERS & HELPERS, LOCAL No 187, A F L In the Matter Of INTERNATIONAL SMELTING AND REFINING COMPANY and INTERNATIONAL ASSOCIATION OF MACHINISTS, GILA VALLEY LODGE No 1342, A F. L In the Matter of INTERNATIONAL SMELTING AND REFINING COMPANY and INTERNATIONAL ,UNION OF MINE, MILL AND SMELTER WORKERS i I Cases Nos R-3852 to R-3857, 'inclusive, respectively, and B-3879 -Decided August 10, 194 Jurisdiction- copper smelting industry investigation and Certification of Representatives: existence of questions re- fusal to accord petitioners iecognition, although several oiganizations made showings of designation which would be insufficent otdinarily to justify the hold- ing of,elections in,units they pioposed, under the ciicumstances, customary rule regarding substantial designation 'was relaxed,to afford all employees of Company an opportunity to vote, elections necessary Units Appropriate for Collective Bargaining : determination of appropiiateness of separate units requested by craft and semi-industrial unions affiliated with same parent oiganization, comprising. several crafts and residual group of employees, co-extensive with single nit requested by industrial union, or single unit, held dependent upon desires of employees Mr. Willard Y Morris, for the Board. Mr. Edward W. Rice, of Globe, Ariz , for the Company. 42NLRB,No248 1364 INTERNATIONAL SMELTING AND REFINING COMPANY 1365 Mr. Paul M. Peterson, of Miami, Ariz, for the AFL Unions. Mr Alfred Shackelford, of Tucson, Ariz, for the I B. E. W. Mr. Cotton Murray, of Phoenix, Ariz., for the Boilei makers Mr.,Howard Goddard, of Denver, Colo., and Mr. Arthur Ashby and Mr Leo Ortiz, of Miami, Ariz , for the Smelter Workers Mr Frederic B Parkes, 2nd , of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon petitions duly filed by the labor organizations set forth in Section II, below, each alleging that a question affecting commerce had arisen concerning the representation of employees of International Smelting and Refining Company, Inspiration, Arizona, herein called the Company, 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 21, 1942. The Board, the Company, and the labor organizations appeared, par- ticipated, 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's rulings made at the hearing are free from prejudicial error and are hereby affirmed. On July 1, 1942, International Union of Mine, Mill and Smelter Workers, herein called the Smelter Workers, filed a brief which the Board has considered. Upon the entire record of the case, the Board makes the following : FINDINGS OF FACT ' I THE BUSINESS OF THE COMPANY International Smelting and Refining Company, a MontanaoCor- poration with its principal office at New York City, is wholly owned and controlled by Anaconda Copper Mining Company The Company owns and operates ore-reduction works in the States of Utah, New Jersey, Illinois, and Arizona, including the smelter located at Inspira- tion, Arizona, with which the present proceeding is exclusively con- cerned. All the copper ore and concentrates smelted'at"the Company's Inspiration smelter aie obtained from mines located within the State 1366 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of Arizona, principally from the Miami Copper Company and from the Inspiration Consolidated Copper Company During 1941, the Company's Inspiration smelter produced approximately 45,108 tons of blister copper, all of which was shipped to points outside the State of Arizona During 1941, the total purchases of supplies and materials for ^ the Company's Inspiration,, smelter , were valued, at approximately $284,000, of which amount moie than 70 percent was shipped to it from points outside of the State of Arizona The Company employs approximately 222 employees at its Inspiration smelter The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II THE ORGANIZATIONS INVOLVED International Brotherhood of Electrical Workers, Local B-518, herein called the I. B. E. W.; Globe-^Miami Mill and Smelter Workers Union No 22914, herein called Local No 22914, International Broth- erhood of Blacksmiths, Drop Forgers & Helpers, Local No 625, herein called the Blacksmiths; International Union of Operating Engineers, Local No. 424, herein called the Operating Engineers; International Brotherhood of Boilermakers, Iron Ship Builders & Helpers, Local No 187, herein called the Boilermakers; and Interna- tional Association of Machinists, Gila Valley Lodge No 1342, herein called the I. A. M, are labor organizations affiliated with the American Federation of Labor, admitting to membership employees of the Com- pany and are sometimes collectively called heiein the AFL Unions International Union of Mine, Mill and Smelter Workeis is a labor organization affiliated with the Congiess of Industrial Organizations, admitting,tomembership. employees of the Company III THE QUESTIONS CONCERNING REPRESFNTATION On January 21, 1942, the secretary-treasurer of the Arizona State Federation of Labor, acting on behalf of the AFL Unions, requested permission by letter, to submit to the Company evidence showing that the AFL Unions represented a majority of the Company's employees The Company acknowledged receipt of the letter on January 27, 1942. On May 19, 1942, the Smelter Workers, by letter, informed the Com- pany that,it represented a majority of the Company's employees and requested recognition as the statutory representative of such employees The Company did not reply INTERNATIONAL SMELTING AND REFINING COMPANY 1367 Statements of the Regional Director and of the Trial Examiner with regard to the authorization evidence submitted to them by the labor organizations were introduced into evidence at the hearing 1, We find that questions affecting commerce have arisen concerning the representation of employees of the Company, within the meaning of Section 9'(c) and'Sectioii 2 (6) "and, (7) of the Act Local No 22914 desires to represent the remaining employees not claimed by the other AFL Unions, with the exception of watchmen and supervisory employees. The Smelter Workers denies the appropriateness of the units urged by the AFL Unions and contends, in general, that all produc- tion and maintenance employees, excluding supervisory, clerical, and technical employees, janitors, and watchmen, constitute an appro- priate unit From the foregoing it appears that, the' employees in the units pio- posed,by the AFL Unions,and -the Smelter Workers might properly Â°constitute separate bargaining units, or might be merged in a single industrial unit In this situation we shall permit the scope of the bargaining unit, or units, to be determined by the results of separate elections 2 B The voting units 11 There remains for consideration the specific composition of the voting units The AFL Unions and the Smelter Workers are agreed that fore- men, supervisory employees , the unloading boss, watchmen, the 1 The following tabulation sets forth the statements of the Regional Director and the Trial Examiner with regard to authorization evidence submitted to them by the petitioners Ap- Num- par- ently NIIm Num- Union Evidence ber of Dated genu - heer on her insigna- me a roll unitsigna- tures I B E w________ Authorization list 3 f2 Jan '42_____ undated ________________ I 31 3 14 7 Sept '41 ______----- ----- ( Local No 22914 ___ Authorization lists -- 66 -10 Oct '41 _____________ 116 Nov '41________ 66 52 118 33 Jan '42_________________ Blacksmiths _____ Authorization list ___ 2 2Dec'41 2 2 3 Operating Engi- Authorization list _ __ 10 3Oct '41__ -------------- 10 5 24 neers Boilermakers ----- Authorization list ___ 5 Undated ___ ___'___________ 5 3 10 I A rM___________ -Authorilation,cards _ 2 Feb '42 _ _______---- _ 1 Mar '42 ------ 2 2 11 ----- dated ________________unf6 Smelter Workers_ Authorization cards - 415 1 Apr '42 45 41 166 33 ---- Mattel of Phelps-Dodge Cotporatson and Bisbee Miners Union, #$ 22'792 and Amer- scan Federation of Labor , et al, 41 N L R B 140, and cases, cited therein 1368 DECISIONS OF NATIONAL LABOR RELATIONS BOARD weighmaster, and the assistant weighmaster should be excluded from any unit Since the authority and duties of these employees differ substantially from those of pi oduction and maintenance workers, we shall exclude them from the voting units. The Smelter Workers would exclude from its unit the following employees, who are included in, the units of the AFL Unions, for. the alleged reason that such employees are actually subforemen whose complaints regarding fellow workers would be carefully in- vestigated by the Company; the crusher repairman,3 the reverbera- tory repairman,4 the boiler repairman,5 and the machinist' of the machine shop; George Ballard, a blacksmith in the blacksmith shop; Louis Kennard, a pipefitter; and Charles A Keaton, an electrician. These employees work in the mechanical and electrical departments, which are supervised by foremen excluded from the units by agree- ment of all labor organizations ` They are hourly paid and aie the most highly skilled craftsmen of their respective departments. The record discloses that they are employed almost exclusively in manuals repair work, assisted by one or more helpers We are of the opinion, that the supervisory duties of these employees are not of such a na- ture as to warrant their exclusion from the voting units. We shall, accordingly, include each of them in the, appropriate voting unit with the other members of his craft group The Smelter Workers also urges the exclusion of the jigger-labor boss,7 IZ J Windsor, and Lorenzo D. Hale, all of whom are included in the units of the AFL Unions. The labor boss supervises small groups of laborers when the crew is divided Ordinarily, the labor crew, of which the jigger-labor boss is a member, is supervised by a foreman who is excluded from all the units by agreement of the labor organizations The jigger-labor boss has authority to recommend discharge. However, he performs manual labor, working together with the laborers under his supervision Windsor is employed as a sample cutter. The Smelter Workers would exclude him for the al- leged reason that he is being trained to become a supervisor. How- ever, the record discloses no substantial difference between the work performed by Windsor and that done by other sample cutters Hale is in charge of the crushing machinery and is assisted by one helper. It is clear that these employees have few, if any, supervisory duties. We shall, accordingly, include them in the respective voting unith appropriate to their fob classification. 8 Specifically, Frank Robertson Â° Specifically, Loren R Wantland 4 Specifically, A T Mansbeim 7 Specifically, Adelaido Perez 0 5 Specifically, Deloss Copelan INTERNATIONAL SMELTING AND REFINING COMPANY 1369 The Smelter Workers would also exclude the assay swamper, the office janitor, the change-house janitor, and the shop janitor, all of whom are included in the unit proposed by Local No. 22914 The swamper cleans beakers and bottles used in the laboratories. The jani- tors perform, dutiesâ€ž usually, associated with such employees. Since -these employees perform work classified in the maintenance category, we shall include them in the residual voting unit Upon the basis of the entire record, and in accordance with the fore- ,going findings of facts, we shall order elections among .the employees of the Company within the groups described below 1. The electricians, the electrician helper, cranemen, motormen, the charge trammer, and the silica trammer, including Charles A Keaton, but excluding supervisory employees and foremen, to determine 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 blacksmith helpers of the blacksmith shop, including George L. Ballard, but excluding supervisoiy employees and foremen, to de- termine whether they desire to be represented by the Blacksmiths or by the Smelter Workers, for the purposes of collective bargaining, or by neither; ' 3 The boilermakers, boilermaker helpers, and the welder of the boiler shop, including Deloss Copelan, but excluding supervisory employees and foremen, to determine whether they desire to be repre- sented by the Boilermakers or by the Smelter Workers, for the pur- poses of collective bargaining, or by neither; 4 The crusher-repair helper, the reverberatory-repair helper, ma- chinist helpers, and the machinist helper and truck driver of the ma- chine, shop, ,including Frank Robertson, A J. Mansheim, and Loren R, Wantland, but excluding Deloss Copelan, supervisory employees, and foremen, to determine whether they desire to be represented by the I A M or by the Smelter Workers, fox the purposes of collective bar- gaining, or by neither; 5 The crusher helper, the reclaimeis, and the oiler of the sampling department, and skimmers, reverberatory helpers, the reverberatory helper and anode pourer, water tenders, casting-machine operators, and casting-machine helpers of the operating department, including Lorenzo D Hale, but excluding supervisory employees and foremen, to determine- whether they desire to be represented by the Operating Engineers or by the Smelter Workers, for the purposes of collective bargaining, or by neither; and 6 The remaining employees, including Louis Kennard, Adelaido Perez, R J Windsor, the assay swamper, the office janitor, the change- house janitor, and the shop janitor, but excluding foremen, supervisory 1370 DECISIONS OF NATIONAL LABOR 'RELATIONS BOARD employees, the unloading bo,s,-Â«atchnien,'the weighmastei,'-and the assistant weighmaster, to determine `whether they desire to be repre- sented by Local No. 22914 or by the Smelter Workers, for the purposes of collective bargaining, or by neither' , _ , - As stated above, there will be no final deteimination of the appio- priate,unit,or units'pending the'Iesults of -the elections , Those groups choosing the AFL Unions as their bat gaining representative will con- stitute separate and distinct appropriate units The groups that choose the Smelter Workeis will, together, constitute a single appropriate unit V THE DETERMINATION OF REPRESENTATIVES The statements of the Regional Director and the Trial Examiner with regard to the authorization evidence submitted to them by the labor organizations previously set foith,s indicate that Local, No. 22914, the Blacksmiths, the Boileimakets, and the Smeltei Workers represent a substantial number of employees within the units urged by them to be appropriate Under usual circumstances, the authoriza- tion evidence submitted by the I. B E W, the Opet ating Engineers, and the I. A M would be insufficient to justify the Boai d in conducting elections in the ciaft gioups which those oiganizations contend are appropriate. However, since'we ate directing elections among several groups of the Company's employees,); we aie"of the opinion that as a matter of expediency out customai y i ule should be i el axed in ordei to afford all employees of the Company an oppoi tunity to vote in the elec- tions We shall accordingly order elections to be conducted in the craft groups urged by the I B E W, the Operating Engineers, and the I. A M , but we shall not certify any union as the collective bargain- ing representative-of, the employees in'a4iy, of those three groups,unless a majority of the employees eligible to vote in each of such groups ac- tually participate in the elections. The Smelter Workers desii es to be designated on the ballots as Miami Miners' Union, Local No 58G, International Union of Mine, Mill and Smelter Workers, C I O. The request is hereby granted The Com- pany and the AFL Unions urge the use of a pay toll immediately pre- ceding the election to determine eligibility to vote The Smelter Workers agi ees to the use of that pay i oll for such put pose unless the number of employees should be greatly increased before the time of election We find no season to depart from our customary practice and shall accordingly direct that the employees eligible to vote in the elec- tions shall be those who were employed during the pay-i oil pet rod Im- mediately preceding the date of the Direction of Elections herein, sub- j ect to such limitations and additions as' are set forth in the, Dii ection' 8 See footnote 1, supra tI1NTERNATIONAL SMELTING AND REFINING .COMPANY 1371 - DIRECTION OF ELECTIONS By virtue of and pursuant to the pow er 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 International Smelting and Refining Company, Inspiration, Arizona, elections by secret ballot shall be conducted as early as pos- sible, but not later than thirty (30) days front the date of this Direction, under the direction and supei vision of the Regional Director for the Twenty-second Region, acting in this mattes as agent for the National ,Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among all employees of the Company in each of the groups described belong who were employed during the pay-roll period immediately pi eceding the date of this Direction of Elections, 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 electricians, the electrician helper, cranemen, motormen, the charge trammer, and the silica trammer, including Charles A Keaton, but excluding supei visory employees and foremen, to deter- mine whether they desire to be represented by International Brother- hood of Electrical Workers, Local B-518, A F L, of 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 ; (2) The blacksmith helpers of the blacksmith shop, including o Geoi ge L Ballard, but excluding supervisory employees and foremen, to determine whether they desire to be represented by International Brotherhood of Blacksmiths, 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 of collective bargaining, or by neither; (3) The boilermakers, boilermaker helpers, and the welder of the boiler shop, including Deloss Copelan, but excluding supervisory em- ployees and foremen, to determine whether they desire to be repre- sented by International Brotherhood of Boiler Makers, Iron Ship Builders & Helpers, Local No 187, A. F L, or by Miami Miners' Union, Local No 586, International Union of Mine, Mill and Smelter Workers, C I O , for the purposes of collective bargaining, or by neither ; 1372 DE'CISIONS OF NATIONAL LABOR RELATIONS BOARD (4) The crusher-repair helper, the reverberatory-repair helper, machinist helpers, and the machinist helper and truck driver of the machine shop, including Frank Robertson, A. J. Mansheim, and Loren R. Wantland, but excluding Deloss Copelan, supervisory employees, and foremen, to determine whether they desire to be represented by International Association 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; (5) The crusher helper, the reclaimers, and the oiler of the sampling department; and skimmers, reverberatory helpers, the reverberatory helper and anode pourer, water tenders, casting-machine operators, and casting-machine helpers of the operating department, including Lorenzo D. Hale, but excluding supervisory employees and foremen, to determine whether they desire to be represented by International Union of Operating Engineers,,Local No 424, 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; and (6) The remaining employees, including Louis Kennard, Adelaido Porez, R J Windsor, the assay swamper, the office janitor, the change- house janitor, and the shop janitor, but excluding foremen, supervisory employees, the unloading boss, watchmen, the weighmaster, and the assistant weighmaster, to determine whether they desire to be repre- sented by Globe-Miami Mill and Smelter Workers Union No 22914, A F. L, or by Miami Miners' Union, Local No. 586, International Union of Mine, Mill and Smelter Workers, C I O , for the purposes of collective bargaining, or by neither. MR GERARD D REILLY took no part in the consideration of the above Decision and Direction of Elections. 0