Miami Copper Co.

National Labor Relations Board - Board Decisions

Oct 17, 1942

44 N.L.R.B. 1300 (N.L.R.B. 1942)

U
In the Matter Of MIAMI COPPER COMPANY and INTERNATIONAL BROTH-
ERHOOD OF ELECTRICAL WORKERS, LOCAL B-518, A. F. L.
In the Matter Of MIAMI COPPER COMPANY and INTERNATIONAL' UNION
OF OPERATING ENGINEERS , LOCAL No. 424, A. F. L.
In the Matter Of MIAMI COPPER COMPANY and UNITED ASSOCIATION OF
PLUMBERS AND STEAM FITTERS OF THE UNITED STATES AND CANADA,
LOCAL No. 808, A. F. L.
In the Matter Of MIAMI COPPER COMPANY and INTERNATIONAL BROTH-
ERHOOD OF BOILER MAKERS, IRON SHIP BUILDERS R, HELPERS LOCAL
No. 187, A. F. L.
In the Matter Of MIAMI COPPER COMPANY and INTERNATIONAL ASSO-
CIATION OF MACHINISTS, GILA VALLEY LODGE No. 1342, A. F. L.
In the Matter Of MIAMI COPPER COMPANY and INTERNATIONAL BROTH-
ERHOOD OF BLACKSMITHS, DROP FORGERS AND HELPERS, LOCAL No.
625, A. F. L.
In the Matter Of MIAMI COPPER COMPANY and UNITED BROTHERHOOD
OF CARPENTERS & JOINERS OF AMERICA, LOCAL No. 1538.
.In the Matter Of MIAMI COPPER COMPANY and INTERNATIONAL UNION
OF MINE, MILL AND SMELTER' WORKERS
Cases Nos. R-3872 t/irzu R-3878 and R-3881, respectively
SUPPLEMENTAL DECISION
CERTIFICATION OF REPRESENTATIVES
ORDER
AND
DIRECTION
October 17,1942
On August 10, 1942, the National Labor Relations Board issued a
Decision and Direction of Elections in the above entitled proceeding?
Pursuant to the Direction of Elections, elections by secret ballot were
conducted on September 9, 1942, under the direction and supervision
of the Regional Director for the Twenty-second Region (Denver,
142 N. L . R B. 1351.
44 N L. R. B., No. 246.
1300
MIAMI COPPER COMPANY 1301
Colorado). On September 17, 1942, the Regional Director, . acting
pursuant to Article III, Section 9, of National'Labor Relations Board
Rules-and Regulations-Series 2, as amended, issued and duly served
upon the parties his Election Report. No objections to the conduct-
^of the ballot or to the Election Report were filed by any of the parties.
As to the balloting and the results thereof, the Regional Director
reported as follows :
1. Electricians
Total number on eligibility list------------------------------ 30
Total number of ballots cast-------------------------------- 28
Total number of challenged ballots-------------------------- 0
Total number of blank ballots------------------------------- 0
Total number of void ballots -------------------------------- 0
Total number of valid votes counted------------------------- 28
Total number of votes for International Brotherhood of Elec- ,
trical Workers, Local B-518, A. F. L----------------------- 18
Total number of votes for Miami Miners ' Union Local No. 586,
International Union of Mine, Mill and Smelter Workers,
C.- I. 0-------------------------------------------------- 3
Total number of votes for neither--------------------------- 7
2. Operating Engineers
Total number on eligibilty list------- -----------------------, 155
Total, number of ballots cast------------------------------- 121
Total number of challenged ballots-- ------------------------ 19
Total number of blank ballots------------------------------- 2
Total number of void ballots-------------------------------- 1
Total number of valid votes counted------------------------- 99
Total number of votes for International Union of Operating
Engineers , Local No. 424, A. F. L-------------------------- 24
Total number of votes for Miami Miners' Union, Local No 586,
International Union of Mine, Mill and Smelter Workers,
C. I. 0-------------------------------------------------- 34
Total number of votes for neither--- ------------------------ 41
3. Pipe Fitters
"Total number on eligibility list----------------------------- 13
'Total number of ballots cast-------------------------------- 12
Total number of challenged ballots-------------------------- 0
Total number of blank ballots ------------------------------ 0
Total number of void ballots---- -------------------------- 0
Total number of valid votes counted
------------- -----------
12
Total number of votes for United Association of Plumbers and
Steam- Fitters of the United States and Canada, Local No.
808, A. F. L---------------------------------------------- 10
Total number of votes for Miami Miners ' Union Local No.
586, International Union of Mine Mill and Smelter Workers,
C. I. 0-------------------------------------------------- 0
Total number of votes for neither---------------------------- 2
1302 DECISIONS OF, -NATIONAL -LABOR1 :RE,LATIONS BOARD
4 Boilermakers
`Total number on eligibility list ------------------------------ 16
Total number of ballots cast________________________________ 13
Total number of challenged ballots___________________________ 1
Total number of blank ballots_______________________________ 0
Total number of void ballots ---------------------------------- 0
Total number of valid votes counted________________________ 12
Total number of votes for International Brotherhood of Boiler -
Makers, Iron Ship Builders & Helpers, Local No. 187,
A. F. L-------------------------------------------------- 9
Total number of votes for Miami Miners' Union, Local No. 586,
'International- Union of Mine, -Mill and Smelter Workers,
C. I 0-------------------------------------------------- 0
Total number of votes for neither ---------------------------- 3
5 Machinists
Total number on eligibility list_______________________________ 62
Total numbef of ballots cast_________________________________ 55
Total number of challenged ballots___________________________ 1
Total number of blank ballots______________________ -____ 0
Total number of void ballots_________________________________ 0
Total number of valid votes counted__________________________ 54
Total number of votes for, International Association of Machin-
ists, Gila Valley Lodge No 1342, A. F L-------------------- 36
Totals number of votes for Miami Miners' Union, Local No. 586,
International Union of Mine, Mill and Smelter Workers,
C I. 0--------------------------------------------------- 11
Total number of votes for neither____________________________ 7
6 Blacksnuths
Total number on-eligibility list______________________________
Total number ofballots'east---------- ________________________
Total number of challenged ballots___________________________
Total number of blank ballots___-:.___________________________
Total number-of void ballots_________________________________
Total number of valid votes counted__________________________
Total number of votes for International Brotherhood of Black-
9
8
0
0
smiths , Drop Forgers and Helpers , Local No 625, A F L----- 8
Total number of votes for Miami ,Miners ' Union, Local No. 586,
International Union of Mine, Mill and Smelter Workers,
C I. 0---------------------------------------------------
Total number of votes for neither____________________________
7. Carpenters -
Total number-on eligibility list_____________________________ 12
Total number of ballots cast--- __________________`___ 12
Total number of challenged ballots___________________________ • 0
Total number of blank ballots________________________________ 0
Total number of void ballots_________________________________ 0
Total number of valid votes counted__________________________ 12
MIAMI COPPER COMPANY 1303
Total number of votes for United Brotherhood of Caipenters &,
Joiners of America, Local No. 1538 ------------------------- 12
Total number of votes for Miami Miners' Union, Local No. 586,
International Union of Mine. Mill and Smelter Workers,
C I 0--------------------------------------------------- • 0'
Total number of votes for neither___________________________ 0
8 -Remaining Production and Maintenance Employees
Total number on eligibility list ------------------------------ 772'
Total number of ballots cast -------------- '_______--______---
number of challenged ballots___________________________Total
610
, 4
Total number of blank ballots________________________________ 0
Total number of void ballots_________________________________ 3
Total number of valid votes counted__________________________ 603
Total number of votes for American Federation of Labor_______ 28
Total number of votes for Miami Miners' Union, Local No. 586,
International Union of Mine, Mill and Smelter Workers,
c I 0----------------------- --------------------- 380
Total number of ballots for neither___________________________ 195
Since the number of challenged ballots in the fourth, fifth, and
eighth voting units cannot affect the results of the elections, the Re-
gional Director made no ruling on them. We find it unnecessary to-
make any determination with respect 'to the challenged ballots in those
voting units. ,
With respect to the challenges in the second voting unit, 17 oilers,
firemen, and oiler-firemen of the power plant 2 were challenged by the
International Union of Mine, Mill and Smelter Workers, for the reason
that these classifications of employees were not specifically mentioned
in the Board's Direction of Elections. Since the firemen, oilers, and
oiler-firemen of the power plant were inadvertently omitted from the
Board's Decision and Direction of Elections, we shall amend ,the De-
cision and Direction of Elections to include those classifications of em=
ployees, and we shall accordingly direct that their ballots be counted:
The remaining challenges in the second voting unit are those made
to, the ballots of D. A. Morey and L. N. Stephens. The :Regional Di-
rector reports that these employees were challenged because their
names did not appear on the eligibility list. However, it appears that
Morey and Stephens are filter-plant operators and are accordingly
within the operating engineers' unit. We shall direct that their ballots
be counted.
In its Decision and Direction of Elections, the Board stated :
As stated above, there will be no final determination of the ap-
propriate unit or units pending the results of the elections.. Those
2 Specifically, F J. Clemo, 0 B. Wheeler, D C Giacoma, L Miles, E G 'Oldfatber, 11-
Conner, P H Rodgers, H . L Layton, T. E Bell , A W. Bolt , R W. Striphn ,. T R. Presley,
A. C. Batty, C Cubitto, J F. Gerhard, A J. Ritchie, and J M Wilson
1304 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
groups choosing the AFL Unions as their bargaining representa-
tive will constitute separate and distinct appropriate units. The
groups that choose the Smelter Workers will , together , constitute
a single appropriate unit.
Pending the counting of the challenged ballots in the second voting'
-unit, we shall neither determine the appropriateness of, nor certify
representatives for, the operating engineers ' unit nor the residual pro-
duction and maintenance unit. I
Upon the basis of the entire record , the Board makes the following :
SUPPLEMENTAL FINDINGS OF FACT
We find that each of the groups of employees for which we herein-
after certify exclusive bargaining representatives constitutes a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
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 III7,Sections 8 and 9, of
National Labor Relations Board Rules and Regulations-Series 2, as
amended,
IT IS HEREBY CERTIFIED that International Brotherhood of Electrical
Workers, Local B-518, A. F. L., has been designated and selected by
a majority of the electricians and electrician helpers'of the mine de-
partment; the armature winder, electricians , electrician helpers, elec-
trician apprentices , trouble shooters , and substation operators of the
.electrical department ; the surface motorman and the electric -lamp re-
pairman of the mine-surface shops; the surface motorman of the
framing shop; and the craneman of the mechanical department, ex-
cluding power-plant engineers and the electric-shop clerk , employed
by Miami Copper Company; Miami, Arizona, as their representative
for the purposes of collective bargaining and that, pursuant to the
provisions of Section 9 (a) of the Act, International Brotherhood- of
Electrical Workers, Local B-518, A . F. L., is the exclusive representa-
tive of all such employees for the purposes of collective bargaining
with respect to rates of pay, wages , hours of employment , and other
conditions of employment ;
IT IS FURTHER CERTIFIED that United Association of Plumbers and
'Steam Fitters of the United States and Canada, Local No. 808, A. F. L.,
-leas been designated and selected by a majority of the pipe fitters,
-pipe-fitter helpers, and the pipe repairman of the pipe shop, excluding
pipe-shop foremen, employed by Miami Copper Company , Miami,
MIAMI COPPER COMPANY 1305•
Arizona, as their representative for the purposes of collective bar-
gaining and that, pursuant to the provisions of Section.9 (a) of the
Act, United Association of Plumbers and Steam Fitters of the United_
States and Canada, Local No. 808, A. F. L., is the exclusive representa-
tive of all such employees for the purposes of collective bargaining
with respect to rates of pay, wages, hours of employment, and other
conditions of employment ;
IT.IS FURTHER CERTIFIED that International Brotherhood of Boiler
Makers, Iron Ship Builders & Helpers, Local No. 187, A. F. L., has.
been designated and selected by a majority of the boilermakers, boiler--
maker helpers, the boilermaker apprentice, the combination welder, and'
welder apprentices of the mechanical department; and the welder, the-
apprentice welder, the car repairman, and car-repair helpers of the
mine-surface shops, employed by Miami Copper Company, Miaini,-
Arizona, as their representative for the purposes of collective bar-
gaining and that, pursuant to Section 9 (a) of the Act, International
Brotherhood of Boiler Makers, Iron Ship Builders & Helpers, Local
No. 187, A. F. L., is the exclusive representative of all such employees
for the purposes of collective bargaining with respect to rates of pay,
wages, hours of employment, and other conditions of employment;
IT IS FURTHER CERTIFIED, that International Association of Machin-
ists, Gila Valley Lodge No. 1342, A. F. L., has been designated and'
selected by a majority of the repairmen and repair helpers of the
concentrator department ;. machinists, machinist helpers, the machin-
ist apprentice, the drill-press operator, the surface repairman, and
the drill repairman of the mine-surface shops; the underground re-
pairman of the mine department; repairmen and the repair helper-
of the power plant; and machinists, machinist helpers, machinist ap-
prentices, repairmen, repair helpers, and the auto mechanic of the
mechanical department, excluding the machine-shop office clerk and
repair and construction bosses, employed by Miami Copper Company,
'Miami, Arizona, as their representative for the purposes of collective,
bargaining and that, pursuant to 'Section 9 (a) of the Act, Interna-
tional Association of Machinists, Gila Valley Lodge No. 1342, A. F.
L., is the exclusive representative of all such employees for the pur-.
poses of collective bargaining with respect to rates of pay, wages,.
hours of employment, and other conditions of employment;
IT IS FURTHER CERTIFIED that International Brotherhood of Black--
smiths, Drop Forgers and,Helpers, Local No. 625, A. F. L., has been
designated and selected by a majority of the blacksmiths, black--
smith helpers, the drill sharpener, the steel temperer, the bit grinder,
and the bit temperer of the mine-surface shops, employed by Miami
Copper Company, Miami, Arizona, as their representative for the-
purposes of collective bargaining and that,, pursuant, to Section. 9 (a),
1306 DECISIONS OF NATIONAL LABOR : RELATIONS BOARD
of the Act, International Brotherhood of Blacksmiths, Drop Forgers
and Helpers , Local No. 625 , A. F. L., is the exclusive representative
•of all such employees for the purposes of collective bargaining with
respect to rates of pay, wages , hours of employment , and other con-
ditions of employment; and
IT IS FURTHER CERTIFIED that United Brotherhood of Carpenters
& Joiners of America, Local No. 1538, A. F. L., has been designated
and selected by a majority of the carpenters and the carpenter helper
of, the carpenter shop ; the millwright of the concentrator department ;
and the sawyers of the framing shop, excluding - the framing-shop
foreman, employed by Miami Copper Company, Miami , Arizona, as
their representative for the purposes of collective bargaining and
that, pursuant to Section 9 (a) of the Act , United Brotherhood of
Carpenters & Joiners of America, Local No. 1538, A. F. L., is the
exclusive representative of all such employees for the purposes of col-
lective bargaining with respect to rates of pay, wages, hours of,em-
ployment, and other conditions of employment.
ORDER
IT IS HEREBY ORDERED that the Decision and Direction of Elections
3
be, and the same hereby are, amended by striking therefrom the
words, "The operators , oilers, screenmen , and pumpmen of the con-
,centrator department; engineers of the mine -surface shops ; elevator-
men and underground pumpmen of the mine department ; and pump-
men of the electrical department , excluding the test engineer of the
power plant ," wherever they appear, and substituting therefor the
words "The operators , oilers, screenmen , and pumpmen of the con-
centrator department ; engineers of the mine-surface shops ; elevator-
men and underground pumpmen of the mine department ; oilers, fire-
men, and oiler -firemen of the power plant; and pumpmen of the
electrical department , excluding the test engineer of the power plant.".
AND IT IS FURTHER ORDERED that the Decision and Direction of Elec-
tions, as printed , shall appear as hereby amended. -
DIRECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Relax
tions Act ; 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 authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Miami Copper Company , Miami, Arizona, the Regional Director
MIAMI COPPER COMPANY 1307
for the Twenty-second Region shall, pursuant to the said Rules and
Regulations and subject to Article III, Section 9, of said Rules and
Regulations, within ten (10) days from the date of this Direction
'open and count the challenged ballots of D. A. Morey, L. N. Stephens,
F. J. Clemo, O. B. Wheeler, D. C. Giacoma, L. Miles, E. G. Oldfather,
H. Conner, P. H. Rodgers, H. L. Layton, T. E. Bell, A. W. Bolt,
R. W. Striplin, T. R. Presley, A. C. Batty, C. Cubitto, J. F. Gerhard,
A. J. Ritchie, and J. M. Wilson, and shall thereafter prepare and
cause to be served upon the parties a Supplemental Election Report
embodying his findings therein and his recommendations as to the
results of the secret ballot in the' second voting unit and in the resid-
ual production and maintenance unit.