Phelps Dodge Copper Products Corp.

National Labor Relations Board - Board Decisions

Nov 28, 1940

28 N.L.R.B. 167 (N.L.R.B. 1940)

In the Matter of PHELPS DODGE COPPER PRODUCTS CORPORATION,
HABIRSHAW CABLE AND WIRE DIVISION and UNITED ELECTRICAL,
RADIO & MACHINE WORKERS OF AMERICA, C. I. O.
Case No. R-2048
SUPPLEMENTAL DECISION
AND
DIRECTION OF RUN-OFF ELECTION
November, 28, 1940
On October 9, 1940, the National Labor Relations Board, herein
called the Board; issued a Decision and Direction of Election in
this proceeding,' directing that an election by secret ballot be con-
ducted among certain employees of Phelps Dodge Copper Products
Corporation, Habirshaw Cable and Wire Division, Yonkers, New
York, herein called the Company, to determine whether they de-
sire to be represented for the purposes of collective bargaining by
United Electrical, Radio & Machine Workers of America, C. I. 0.,
herein called the ,United, or by Local No. 3, International Brother-
hood of Electrical Workers, A. F. of L., herein called the Brother-
hood, or by neither.
Pursuant to the Direction of Election, an election by secret ballot
was conducted on November 7, 1940, under the direction and super-
vision of the Regional Director for the Second Region (New York
City). On November 9, 1940, the Regional Director, acting pur-
suant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 2, as amended, prepared and duly
served upon the parties an Election Report, setting forth the results
of the election. No objections to the conduct of the ballot or the
Election Report have been filed by any of the parties.
127 N.L. R. B. 729.
28 N. L. R. B., No. 32.
283297-41
167
168 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
As to the results of the balloting, the Regional Director reported
as follows :
Total number eligible to vote_________________________________ 643
Total number of ballot's cast----- ____________________________ 595
Total number of valid ballots________________________________
Total number of votes in favor of C. I. 0. United Electrical,
572
Radio & Machine Workers of America_____________________ 261
Total number of votes in favor of Local No., 3, International
Brotherhood of Electrical Workers, A. F. of L_____________ 275
Total number of votes in favor of neither union--------------- 36
Total number of blank votes_________________________________ 1
Total number of void ballots___`______________________________ 0
Total number of challenged ballots___________________________ 22
On November-15, 1940, the United and the Brotherhood entered
into a stipulation requesting that a run-off election be held by the
Board in which the names of the two unions only were to appear
on the ballot. The Company opposed this run-off election, and
asked for oral argument before the Board in Washington, D. C.
The Company's request is hereby denied.
The Election Report reveals that neither competing organization
received a majority of the votes cast but that a substantial majority
of the employees voting desire one or the other of the two organiza-
tions to bargain collectively for them. Under these circumstances,
we shall direct a run-off election among the employees in the appro-
priate unit in which the eligible employees will be given the oppor-
tunity to decide whether they desire to be represented by the United
or by the Brotherhood for the purposes of collective bargaining.
DIRECTION OF, RUN-OFF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, and pursuant to Article III, Sections
8 and 9, of National Labor Relations Board Rules and Regulations-
Series 2, as amended, it is hereby
DIREOTF.D that, as part of the investigation authorized by the
Board to determine representatives for the purposes of collective
bargaining with Phelps Dodge Copper Products Corporation, iIabir-
shaw Cable and Wire Division, Yonkers, New York, an election
shall be conducted as early as possible, but not later than thirty
(30) days from the date of the Direction of Run-Off Election under
the direction and supervision of the Regional Director for the Second
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 9, of said Rules and
Regulations, among the employees described in the Direction of
Election issued on October 9, 1940, but, excluding those who have
PHELPS DODGE CORPORATION 169
since quit or been discharged for cause, to determine whether. they
desire to be represented for the purposes of collective bargaining
by United Electrical, Radio & Machine Workers of America, C. I. O.,
or by Local No. 3, International Brotherhood of Electrical Workers,
A. F. of L.
MR. WILLIAM M. LEISERSON, concurring :
For reasons explained in my dissenting opinions,2 I cannot agree
,to the policy of the Board in ordering run-off elections. In the
absence of a third member of the Board at the present time, however,
I feel that proper administration of the Act requires my adherence
to the Board's established practice until that practice can be re-
considered by a third Board member. Accordingly, I concur in
the direction of this run-off election.
CHAIRMAN HARRY A.• MILms took no part in the consideration of
the above Supplemental Decision and Direction of Run-Off Election.
2 Matter of Coos Bay Lumber Company and Lumber and Sawmill Workers Union Local
No. 2573, 16 N. L. R. B. 476; Matter of R. K. LeBlond Machine Tool Co., Cincinnati
Electrsoai Tool Co . and Independent Employees Organization, 22 N. L. R. B. 465.