Phelps-Dodge Corp.

National Labor Relations Board - Board Decisions

May 20, 1942

41 N.L.R.B. 140 (N.L.R.B. 1942)

In the Matter of PHELPS-DODGE CORPORATION and BISBEE MINERS
UNION, #22792, AND AMERICAN FEDERATION OF LABOR
In the Matter Of ' PHELPS-DODGE CORPORATION and INTERNATIONAL
BROTHERHOOD OF BLACKSMITHS, DROP FORGERS & HELPERS #617,
AND AMERICAN FEDERATION OF LABOR
In the Matter Of PHELPS-DODGE CORPORATION and INTERNATIONAL
BROTHERHOOD OF BOILER MAKERS, IRON SHIP BUILDERS & HELPERS
#639,AND AMERICAN FEDERATION OF LABOR
In the Matter of PHELPS-DODGE CORPORATION and UNITED BROTHER-
HOOD OF CARPENTERS &- JOINERS OF AMERICA, #2302, AND AMERICAN
FEDERATION OF LABOR
In the Matter Of PHELPS-DODGE CORPORATION and INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, #B487, AND AMERICAN
FEDERATION OF LABOR
III the Matter Of PHELPS-DODGE, CORPORATION and INTERNATIONAL
ASSOCIATION OF MACHINISTS, #1121, LOWELL LODGE, AND AMERICAN
FEDERATION OF LABOR
In the Matter Of PHELPS-DODGE CORPORATION and UNITED ASSOCIATION
OF JOURNEYMEN PLUMBERS & STEAM FITTERS OF UNITED STATES &
CANADA, #616, AND AMERICAN FEDERATION OF LABOR
In the Matter Of PHELPS-DODGE CORPORATION and INTERNATIONAL
UNION OF OPERATING ENGINEERS, #420, AND AMERICAN FEDERATION
OF LABOR
In the Matter Of PHELPS-DODGE CORPORATION and INTERNATIONAL
BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN dL'
HELPERS OF AMERICA, #310 AND AMERICAN FEDERATION OF LABOR
In the Matter Of PHELPS-DODGE CORPORATION, COPPER QUEEN BRANCH
and INTERNATIONAL UNION OF MINE, MILL & SMELTER WORKERS
Cases Nos. R-3643 to R-3651 Inclusive, Respectively and R-3681.-
Decided May 20, 1942
Jurisdiction : copper mining industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioners recognition until certified by the Board ; elections
necessary.
41 N. L R B., No. 30
140
PHELPS-DODGE CORPORATION 141
Units . Appropriate for 'Collective Bargaining : separate units proposed by craft
unions and a semi-industrial union affiliated with the same parent may properly
constitute separate bargaining units or be merged in a single industrial unit
contended for by an industrial union ; determination of, dependent upon the
results of separate elections.
Mr. Willard Y. Morris, for the Board.
Mr. Derzson Ketchel, of Phoenix, Ariz., for the Company.
Mr. Paul M. Peterson, of Bisbee, Ariz., for the AFL Unions.
Mr. Cotton Murray, of Phoenix, Ariz., for the Boilermakers.
Mr. John Murray, of Santa Monica, Calif., for the Carpenters.
Mr. Alfred 8haclcel f ord, of Tucson, Ariz., for the I. B. E. W.
Mr. C. L. Bentley, of San Diego, Calif., for the I. A. M.
Mrs. Margaret Bennett Porter, of Denver, Colo., Mr. Orville Larson,
of Douglas, Ariz., Mr. M. M. Simpson, of Bisbee, Ariz., and Mr. John
Lackner and Mr. Harry Hafner, of Warren, Ariz., for the Smelter
Workers.
Mr. Frederic B. Parkes, II, 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 Phelps-
Dodge Corporation, Bisbee, Arizona, herein- called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before Webster Powell, Trial Examiner.
Said hearing was held. at Bisbee, Arizona, on March 16- and 17, 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. At the outset of the hearing, International Union of
Mine, Mill & Smelter Workers, herein called the Smelter Workers,
objected to a present investigation and determination of representa-
tives and moved to postpone the proceedings. The Trial Examiner
denied the motion to postpone but reserved ruling for the Board
on the objections. The objections are hereby overruled. At the
close of the hearing the Smelter Workers moved that the Board give
no consideration to. the authorization evidence submitted by Bisbee
Miners Union, #22792, American Federation of Labor, herein called
142 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Bisbee Miners.' The Trial Examiner reserved' ruling on the`
motion for the Board. The motion is hereby denied. The Trial
Examiner's rulings made at the hearing are free from'prejudicial
error and are hereby affirmed. On April 21, 1942, the Smelter Work-
ers filed a brief which the Board has considered.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Phelps-Dodge Corporation, a New York corporation, is engaged
in the mining, refining, and fabricating of copper. It wholly owns
numerous subsidiary mining, copper-refining, copper-fabricating,
public utility, mercantile, railroad, and other, companies in Mexico,
New York, New Jersey, Indiana, California, ew Mexico, Texas, and
Arizona. The instant proceeding is concerned solely with the opera-
tions of the Company's Copper Queen Branch, Mines Division, at
Bisbee, Arizona, where the Company is engaged in the mining of
copper and other metal-bearing ores. During the year 1941, the
Company produced approximately 1,051,150 dry tons of ore at its
Copper Queen Branch. All such ore was shipped to the smelter
of the Company at Douglas, Arizona, and after treatment there was
shipped to points outside the State of Arizona. The Company em-
ploys approximately 1,657 employees at Its Copper Queeu Branch,
Mines Division.
The Company admits that its operations affect commerce within
the meaning of the Act.
H. THE ORGANIZATIONS INVOLVED
Bisbee Miners Union, #22792; International Brotherhood of
Blacksmiths, Drop Forgers & Helpers #617, herein called the Black-
smiths; International Brotherhood of Boiler Makers, Iron Ship
Builders & Helpers #639, herein called the Boilermakers; United
Brotherhood of Carpenters & Joiners of America, #2302, herein
called the Carpenters; International Brotherhood of Electrical Work-
ers, #B487, herein called the I. B. E. W.; International Association
I The Smelter workers asserts that the real Bisbee Miners Union has been in existence
since the days of the western Federation of Miners and that such union is now affiliated
with the C I 0 and that the A. F. of L in appropriating that name misled the
employees into signing its petitions. We find this contention to be without merit.
Although the Western Federation of Miners and the present local of the Smelter workers,
may have been colloquially termed "Bisbee Miners Union ," it does not appear that they
were so designated in their formal charters
PHELPS-DODGE CORPORATION 143
of Machinists, #1121, Lowell Lodge, herein called the I. A. M.;
United Association of Journeymen Plumbers & Steam Fitters of
United States & Canada, #616, herein called the Plumbers; Inter-
national Union of Operating Engineers, #420, herein called the
Operating Engineers; and International Brotherhood of Teamsters,
Chauffeurs, Warehousem6n & Helpers of America, #310, herein
called the Teamsters, are labor organizations affiliated with the Amer-
ican Federation of Labor, admitting to membership employees of
the Company and are sometimes collectively called herein the AFL
Unions.
International Union of Mine, Mill & Smelter Workers, herein called
the Smelter Workers, is a labor organization affiliated with the Con-
gress of Industrial Organizations, admitting to membership em-
ployees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The AFL Unions commenced their organizational activities at
the Company's Copper Queen Branch, Mines Division, early in
June 1941 and requested recognition as the statutory representatives
of the employees within the units which each claims to be appropriate.
On July 27, 1941, the authorization evidence submitted by 'tlie AFL
Unions was checked against the Company's pay roll and it was
determined- that the AFL Unions apparently represented a majority
of the Company's employees. Thereafter a metal trades council,
representing the AFL_Unions, commenced negotiations for a contract
with the Company. When the Smelter Workers filed with the Re-
gional Director charges of unfair labor practices against the Com-
pany, the Company discontinued its negotiations with the AFL
Unions and refused to recognize them until they were certified by
the Board.2
The Smelter Workers is the successor of the Western Federation
-of Miners, which was established at Bisbee about 1906. From 1912
to 1933 the Smelter Workers engaged in several organizational cam-
paigns among the Company's employees. In June 1941, the Smelter
Workers commenced its latest organizational campaign.
Statements of the Regional Director and of the Board's attorney
introduced into evidence at the hearing indicate that the AFL
2 The Regional Director refused to issue a complaint based on those charges and the
Smelter workers appealed to the Board , which has affirmed the disposition made by
the Regional Director.
144 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Unions and Smelter Workers each represents a substantial number
of employees in the units urged by them to be appropriate.'
- We find that questions affecting commerce have arisen concerning
the representation of employees of the Company within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNITS
A. Contentions of the parties
Each of the AFL Unions, with the exception of the Bisbee Miners,
has petitioned for a bargaining unit composed of the skilled employees
of the Company who are hourly paid and engaged in an occupation
bringing them within the jurisdiction of the -respective petitioners.
In the main, none of these organizations seeks to represent unskilled
or common laborers. The Bisbee Miners seeks a unit composed of all
remaining hourly paid employees not included in the units sought
by the other AFL Unions. On the other hand, the. Smelter Workers
denies the appropriateness of the units proposed by the AFL Unions
and insists that only an industrial unit is appropriate, comprising
all hourly, rated production and maintenance employees, With the
t
s The following tabulation sets forth the Regional Director 's statement in regard to
the authorization evidence submitted to him by the petitioners:
Union Evidence
Apparently
genuine Dated '
Number
on pay Numberin unit
signatures roll
291 Juno '41_____
Bisbee miners --------- Authorization lists--- 652
286 July '41
20 Aug '41_____
55 undated-----
496} 1223
Blacksmiths ----------- Authorization lists--- 24
1 June'41_____
23 undated-- __ 24 20
Boilermakers ---------- Authorization lists--- 33
(• 26 June '41_____
1, 7 July '41_____ 31 37
Carpenters ------------ Authorization lists--- 11
5 June '41_____
2 Aug '41_____
4 undated.----
6} 8
I B. E. W-- ---------- Authorization lists---- 14
4 June '41_____
3 July '41__ 13 39
I A. M--------------- Authorization lists ---- 22
7 undated__
22 July '41_____ 18 23
Plumbers______________ Authorization lists _ _ _ _ 7 7 June '41_____ 7 18
Operating engineers--- Authorization lists _ _ _ _ 81
r4between
June 27 and
July 3______
7 undated..
72} 74
Teamsters ------------ Authorization lists--- 10
8 July '41
undated..
'
10 14
Smelter workers Application cards 353
89 Tune 41
Ill lnly '41 ____
76 Aug '41_ ---
'
266 1393_______ -7 Sept 41----
40 Oct '41_____
10 Nov 41_____
At the hearing the Smelter Workers submitted 32 additional application cards, of which
10 were dated in November 1941, 5 in December 1941, 7 in January 1942, 8 in February
1942, and 2' in March 1942 The Board's attorney stated that all signatures appeared to
be oiigmal and genuine and that 23 are names of persons on the Company s rely roll of
Octob 1 29, 1941 He further stated that of the remaining 9 signatures, 8 ale names of
persons on the Company's pa} roll of March 12, 1942, wwhuh was mtsoduced into evidence
PHELPS-DODGE CORPORATION 145
exception of supervisory and clerical employees , watchmen, and
diamond -drill employees . The Company also contends that an
industrial unit is appropriate,
The mining operations of the Company at Bisbee cover an area
approximately 13/4 miles wide and 2 miles long, centered about its
underground mines. There are four mine-operating shafts, naively,
Junction , Sacramento , Coal, and Campbell, all of which connect
underground . The Junction shaft is the principal operation at the
present time . The , various shops comprising the mechanical depart-
ment are located in the Junction shaft-yard. Most of the electrical
energy required by the Company is purchased from a power company
at Douglas , Arizona. In the Junction yard the Company operates, a
turbine power plant which furnishes all compressed air and some of
the electricity used by the. Company. In addition , the Company has
a diesel power plant which is strictly a stand-by plant operating, only
from 1 to 6 days each month in emergencies . It appears that only
one employee , the chief engineer, who is paid on a salary basis and
therefore excluded from the units proposed by the labor organiza-
tions, is, employed continuously at the diesel plant. When the, plant
is. in operation employees are drawn from the , mechanical shops, the
'power plant , mines , ,and. other departments to run the plant.
The Blacksmiths seeks to represent the employees of the blacksmith
and steel-sharpening shops. All forging which requires metal to be
heated and to be changed in shape by hammers is done in the black-
smith - shop. The employees of the steel-sharpening shop sharpen
detachable bits, tools , and steel . - The employees of the two, shops
are not interchangeable but, their work is , similar and all are skilled
workers.
The unit proposed by the Boilermakers embraces the employees of
the rope shop and of the boiler and welding shop and the five tin
workers of the machine shop.4 The rope-shop employees maintain
steel . lioisting cables, performing all lubrication and repair work -neces-
sary thereto . The boiler- and, steel -shop employees work chiefly on
plate steel both in the shop and in the mines . They repair under-
ground mucking machines, manufacture and repair mine. cars and
pockets, and ferrule and fabricate various steel equipment needed in
the mining operations . They also perform practically all the welding
necessary in the Company's Bisbee operations . The tin workers of
the machine shop are exclusively engaged in sheet-metal work, chiefly
in the construction of ventilation pipes, and are claimed by the Boiler-
makers , pursuant to a reciprocal agreement with the sheet-metal
workers union.
4 Specifically, Zacarias Lu0ue, Sr, J R Sampson , J. A Lee, E J Bingham, and J L
Atkinson
463502-42-No1 41--10
146 DECISIONS OF' NATIONAL LABOR RELATIONS BOARD
The Carpenters urges a unit composed of the carpenter-shop -em-
ployees and four employees of the sawmills The employees of the
carpenters' shop are skilled carpenters engaged in the maintenance of
the Company's buildings, the-erection of smaller buildings, and-the
building of gates and ladders for the mines and forms for concrete
work. Of the sawmill employees claimed by the carpenters, one oper-
ates a wedge-baler machine which produces wooden wedges reinforced
with iron strips ; two operate framing machines which cut notches in
timber to be used in the underground operations; and the fourth cuts
such timber to the specified length.
The unit requested by the I. B. E. W. is composed of the electric-
shop employees all of whom appear to be skilled workers. Approxi-
mately half, of the electricians work in the mines installing and main-
taining certain motors, storage-battery locomotives, and trolley power
lines. Those working on the surface maintain lines, motors, and
equipment in the shops and property of the Company.
The I. A. M. contends that the machine-shop employees, with the
exception of the tinners,6 truck laborers and drivers, -the janitor 7 and
the gardener 8 constitute an appropriate unit. The employees whom
the I. A. M. desires to represent appear to be skilled machinists en-
gaged in the maintenance and repair of machinery and equipment.
Most of their time is spent in the machine shop, although on occasion
they may be assigned to underground work.
. The Plumbers petitions for a unit of all employees of the pipe and
rigger shop, with the exception of three employees claimed by the
Operating Engineers.9 The employees whom the Plumbers desires to
represent are engaged in the installation of heavy pipe on the surface
and in the mines. They also perform all plumbing work required in
the Company's operations.
The Teamsters asserts that all truck drivers, truck laborers, ware-
housemen, and supply receiving clerks constitute an appropriate unit.
The truck drivers and laborers transport machinery to and from the
machine shop, haul supplies to the warehouse, and run errands. The
warehousemen and supply receiving clerks receive merchandise as it
arrives at the warehouse, check invoices, and fill requisitions for
supplies and tools. _
The Operating Engineers includes in its unit conveyor operators,,
Junction power-plant employees, hoisting engineers and hoisting
oilers, pumping-department employees, and the three employees in
the pipe and rigger shop previously mentioned.1° The conveyor
5 Specifically, R M Leon, L. I3 Goefker, P J. Watley, and Billy Barnes.
6 See footnote 4, supra
Specifically, J F Garcia
s Specifically, R C. Martinez ' -
Specifically, R F Sprague, J G A Junttola, and H W Nichols
10 See footnote 9, supr a.
PHELPS-DODGE CORPORATION 147
operators are in charge of the conveyor belt on which ore is dumped
as it is hoisted from the mines. Power-plant employees embrace
engineers, mechanics, foremen, water tenders, and boiler washers, all
of whom are engaged in the operation of that plant. The hoisting
engineers and oilers operate the hoists at the various shafts, raising
and lowering men, supplies, timber, and equipment. Pumping=
department employees work at several large pumping stations in the
mine. They operate, repair, and oil the pumps. Of the pipe- and
rigger-shop employees, the Operating Engineers would represent
R. F. Sprague, who operates a mechanical shovel; J. G. A. Junttola,
who repairs and maintains conveyors; and H. W. Nichols, who
operates the refrigeration plant.
The Bisbee Miners desires to represent the remaining hourly paid
employees of the underground department, mechanical department,
and surface department, not claimed by the other AFL Unions, in-
cluding the salaried gardner of the hospital department, but exclud-
ing deputized watchmen. All the AFL Unions would exclude from
their units supervisory employees with the authority to hire and, dis-
charge and all clerical, office, and tecluiical employees.
The Smelter Workers contends, in general, that all hourly paid
production and maintenance employees, with the exception, of super-
visory and clerical employees, diamond-drill employees, and watch-
men, constitute an appropriate unit.
From the foregoing it appears that the employees in the units
proposed by the AFL Unions and the Smelter Workers might prop-
erly 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.,'
B. The voting units
There reiuains for consideration the specific composition of the
voting, units.
The AFL Unions and the Smelter Workers are agreed that the
first-aid instructor, salaried foremen wind bosses of the underground
and mechanical departments, hotel employees, medical-department
employees, salaried engineering and technical employees, salaried
accounting-department employees, the diamond-drill foreman, and
deputized watchmen should be excluded from any unit. Since these
"See Matter of The Globe Machine and Stam.ptng Co and Metal Polishers Union,
Local No. 3 ; International Association of Machinists, Distract No. 51,; Federal Labor Union
18788, and United Automobile Workers of America, 3 N. L. R. B 294; Matter-of-Phelps
Dodge Corporation, Copper Queen Branch, Smelter Division and International Brother hood
of Electrical 111oiker i. Local No B-rill, et al, '14 N L R B 846; and Matter, of Kennecott
Copper Corporation. Nevada Consolidated Copper Corporation and Brotherhood' of Railroad
7',ain,nen , et at 40 N L R B 986
148 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
salaried employees possess supervisory authority or perform func-
tions substantially different from those of the hourly paid production
and maintenance workers, we shall exclude them from the voting
units.
The AFL Unions would include in their emits, and the Smelter
Workers would exclude from its unit, all gang, shaft, shaft-repair,
and jigger bosses,12 who are hourly paid employees. The pay rolls
of the various shops comprising the mechanical department list- em-
ployees under the classification, mechanic gang bosses. It appears
that such employees are the most highly skilled and highly paid
workmen in those shops. They act as leaders and may recommend
discharge. The shaft boss and the shaft-repair boss in the under-
ground department are working foremen performing manual work.
They have authority to send men working under their direction "to
the top." However, such action does not necessarily mean that the
employees will be discharged; they may be shifted to another posi-
tion. If they are discharged the, approval of the shift boss or a
higher supervisory offici€d is necessary. Jigger bosses are miners or
timbermen who are temporarily assigned to supervise certain work
not sufficiently important to require the attention of the shift fore-
men. It appears that jigger bosses may recommend discharge. In
our opinion the supervisory duties of these employees is not of such
a nature as to warrant their exclusion from the voting units. We
shall accordingly include all mechanic gang bosses, the shaft boss,
the shaft-repair boss, and jigger bosses in the voting units.-
The Bisbee Miners desires to include in its unit the following
employees; whom the Smelter Workers would exclude.
(1) The precipitation plant jigger boss assisted by one attendant
operates the underground precipitation plant which reclaims. copper
sulphate from the mine water. As they are clearly production em-
ployees, we shall include the precipitation plant jigger boss and. the
attendant-in•the,Bisbee Miners' voting unit.
(2) Drilling instructors and fanlay• machine instructors teach em-
ployees to use pneumatic drills and to operate the finlay mucking
machine which is a power shovel. It appears that they may recom-
mend discharge. Inasmuch as the essential nature of their work
differs from that of the production and maintenance employees, we
shall exclude all drilling instructors and finlay instructors from
the Bisbee Miners' voting unit.
(3) R. Q. Hewlett is listed on-tlie underground pay roll as a timber=
man. The Smelter Workers urges his exclusion for the reason that
u Also referred to in the record as jigger bosses
13 See Matter of Phelps Dodge Corpoiattion, Copper Queen Branch, Smelter Division and
International Brotherhood of Electrical Workers, Local No B-444, et al, 34 N L R R
846
PHELPS-DODGE, CORPORATION 149
a supply clerk is neither a production nor maintenance employee.
He orders, receives, and distributes supplies in the mines. Inasmuch
as the Smelter Workers did not exclude from its unit the supply
men furnishing supplies on requisition from the underground shaft
bosses and did' specifically include warehouse supply receiving clerks,
we shall include Hewlett in the Bisbee Miners' voting unit.
(4) 'The sample-mill boss directs and supervises the work of buckers.
The latter run samples from the mine through a drying process and
then pulverize the samples. The mill boss takes the pulverized
samples to the assay office and checks them. We shall exclude the
sample-mill boss from the Bisbee Miners' voting unit.
(5) The watchmen are stationed at entrance gates to the Company's
property and keep out unauthorized visitors. Four mounted watch-
men are armed and patrol the Company's property. It appears that
an undisclosed number of the watchmen are deputized. We shall ex-
clude all watchmen from the Bisbee Miners' voting unit.14
(6) The general office janitor cleans the Company's main offices.
Since the Smelter Workers included in its unit other janitors and
locker-room attendants, we shall include the general office janitor
in the Bisbee Miners' voting unit.
(7) A. V. Zamora is employed as a gardener on the hospital grounds
and is paid on a' salary basis. In view of the fact that hospital
employees are excluded from the unit and also that the other garden-
ers included in the unit are hourly paid, we shall exclude Zamora
from the Bisbee Miners' voting unit.
Upon the basis of the entire record, and in accordance with the
foregoing findings of facts, we shall order elections among the em-
ployees of the Company within the groups described below, including
therein all gang and jigger bosses, the shaft boss, and the shaft-repair
boss, but excluding therefrom the first-aid instructor, salaried fore-
men and bosses of the underground and mechanical departments,
hotel employees, medical-department employees, salaried engineering
and technical employees, salaried accounting-department employees,
and the diamond-drill foreman :
1. All employees of the blacksmith and steel-sharpening shops 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 ;
2. All employees of the boiler and welding shop and of the rope
shop and the tin workers of the machine shop to determine if they
14 See Matter of Phelps Dodge Coipo>ateon , Copper Queen Branch, Smelter Division and
International Brothe) hood of Rlectrical IVorhers, Local No B-434, et al, 34 N. L. R. B .846.
150 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
desire to be represented by the Boilermakers or by the Smelter
Workers, for the purposes of collective bargaining, or by neither;
3. The carpenter-shop employees, and the wedge baler and framing-
machine operators of the sawmill," 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;
4. All employees of the electric shop 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 ;
5. All machine-shop employees with the exception of the machine-
shop tinners, truck drivers and laborers, the janitor, and the gardener,
to determine whether they desire to be represented by the I. A. M.
or by the Smelter Workers, for the purposes of collective bargaining,
or by neither;
6. All employees of the pipe and rigger shop, with the exception
of R. F. Sprague, J. G. A. Junttola, and H. W. Nichols, to determine
whether they desire to be represented by the Plumbers or by the
Smelter Workers, for the purposes of collective bargaining, or by
neither ;
7. All truck drivers, laborers, warehousemen, and supply-receiving
clerks, to determine whether they desire to be represented by the
Teamsters or by the Smelter Workers, for the purposes of collective
bargaining, or by neither;
8. All conveyor operators, Junction power-plant employees, hoisting
engineers and oilers, pumping-department employees, and R. F.
Sprague, J. G. A. Junttola and H. W. Nichols, 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
9. All the remaining employees of the underground department,
mechanical shops and surface departments, including the precipitation
plant jigger boss and attendant, R. Q. Hewlett, the general office
janitor, but excluding the sample-mill boss, drilling instructors, finlay
machine instructors, watchmen, and A. V. Zamora, to determine
whether they desire to be represented by the Bisbee Miners 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 ap-
propriate unit or units pending the results of the elections. Those
groups choosing the AFL Unions as their bargaining representation
will constitute separate and distinct appropriate units. The groups
that choose the Smelter Workers will, together, constitute a single
appropriate unit.
15 See footnote 5, supra.
PHELPS -DODGE CORPORATION 151
V. THE DETERMINATION OF REPRESENTATIVES
The record does not clearly disclose the -status and duties of
diamond drillers and diamond -drill helpers who are hired , discharged,
and supervised by an independent contractor performing prospecting
work for the Company. These employees , however, appear on the
Company's pay roll for the allegedly sole purpose of making hos-
pitalization and other employee -benefits available to them and are
paid by check by the Company . We are unable upon the present
record to determine whether or not they are employees of the Com-
pany within the meaning of the Act. From statements of the Smelter
Workers and the Company filed with the Board after the hearing,
it appears that they would exclude the diamond -drill employees from
the unit; the Bisbee Miners clearly desires their inclusion in its unit.
In view of these circumstances , we shall allow the diamond drillers
and diamond -drill helpers to vote in the group of employees con-
stituting the Bisbee Miners' voting unit, subject to challenge.
For the purpose of determining eligibility to vote, the AFL Unions
suggest the use of any pay roll within a reasonable date before the
election , the Smelter Workers would prefer the pay roll immediately
preceding the date of election, and the Company stated no preference.
We shall direct in accordance with our usual practice that the em-
ployees of the Company eligible to vote in the elections shall be those
who were employed during the pay-roll period immediately preceding
the date of the Direction of Elections herein, subject to such limita-
tions and additions set forth in the Direction.
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 Phelps Dodge Corporation , Bisbee, Arizona, elections by secret
ballot shall be conducted as early as possible , but not later than thirty
(30) days from the date of this Direction , under the direction and
supervision of the Regional Director for the Twenty-second Region,
acting in this matter 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's Copper Queen Branch, Mines
Division , in each of the groups described below who were employed
during the pay-roll period immediately preceding the date of this
152 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Direction of Elections, including all gang and jigger bosses, the
shaft boss, the shaft repair' boss, and employees who did not work
during such pay-roll period because they were ill or on vacation or
in the active military service or training of the United States, or
temporarily laid ' off, but excluding the first-aid, instructor, salaried
foremen and bosses of the underground and mechanical departments,
hotel employees, medical-department employees, salaried engineering
and technical employees, salaried accounting-department employees,
the diamond drill foremen, and employees who have since quit or been
discharged for cause :
(1) All employees of the blacksmith and steel-sharpening shops to
determine whether they desire to be represented by International
Brotherhood of Blacksmiths, Drop Forgers & Helpers #617, affili-
ated with the American Federation of Labor, or by International
Union of Mine, Mill & Smelter Workers, affiliated with the Congress
of Industrial Organizations, for the purposes of collective bargaining,
or by neither ;
(2) All employees of the boiler and welding shop and of the
rope shop, and the tin workers of the machine shop to determine
if they desire to be represented by International Brotherhood of
Boiler Makers, Iron Ship Builders & Helpers #639, affiliated with
the American Federation of Labor, or by International Union of
Mine, Mill & Smelter Workers, affiliated with the Congress of Indus-
trial Organizations, for the purposes of collective bargaining, or by
neither;
(3) The carpenter-shop employees, and the wedge baler and
f taming-machine operators of the sawmill to determine whether they
desire to be represented by United Brotherhood of Carpenters &
Joiners of America, #2302, affiliated with the American Federation
of Labor, or by International Union of Mine, Mill & Smelter Work-
ers, affiliated with the Congress of Industrial Organizations, for the
purposes of collective bargaining, or by neither;
(4) All employees of the electric shop to determine whether they,
desire to be represented by the International Brotherhood of Elec-
trical Workers, #B487, affiliated with the American Federation of
Labor, or by International Union of Mine, Mill & Smelter Workers, -
affiliated with the Congress of Industrial Organizations, for the
purposes of collective bargaining, or by neither;
(5) All machine-shop employees, with the exception of the ma-
chine-shop tinners, truck drivers and laborers, the janitor, and the
gardener to determine whether they desire to be represented by
the International Association of Machinists, #1121, Lowell Lodge,
affiliated with the American Federation of Labor, or by International
Union of Mine, Mill & Smelter Workers, affiliated with the Congress
PHELPS-DODGE CORPORATION 153
of Industrial Organizations, for the purposes of collective bargaining,
or by neither;
(6) All employees of the pipe and rigger shop, with the exception
of R. F. Sprague, J. G. A. Junttola, and H. W. Nichols to determine
whether they desire to be represented by United Association of
Journeymen Plumbers & Steam Fitters of United States & Canada,
#616, affiliated with the American Federation of Labor, or by the
International Union of Mine, Mill & Smelter Workers, affiliated with
the Congress of Industrial Organizations, for the purposes of col-
lective bargaining, or by neither;
(7) All truck drivers, laborers, warehousemen, and supply-receiving
clerks to determine whether they desire to be represented by Inter-
national Brotherhood of Teamsters, Chauffeurs, Warehousemen &
Helpers of America, #310, affiliated with the American Federation
of Labor, or by International Union of Mine, Mill & Smelter Work-
ers, affiliated with the Congress of Industrial Organizations, for the
purposes of collective bargaining, or by neither;
(8) All conveyor operators, Junction power-plant employees, hoist-
ing engineers and oilers, pumping-department employees, and R. F.
Sprague, J. G. A. Junttola, and H. W. Nichols to determine whether
they desire to be represented by International Union of Operating
Engineers, #420, affiliated with the American Federation of Labor,
or by International Union of Mine, Mill & Smelter Workers, affiliated
with the Congress of Industrial Organizations, for the purposes of
collective bargaining, or by neither; and
(9) All the remaining employees of the -underground department,
mechanical shops and surface departments, including the precipita-
tion plant jigger boss and attendant, R. Q. Hewlett, the general office
janitor,, diamond drillers, and diamond-drill helpers, but excluding
the sample-mill boss, drilling instructors, finlay machine instructors,
watchmen, and A. V. Zamora, to determine whether they desire to
be represented by the Bisbee Miners Union, #22792, affiliated with
the American Federation of Labor, or by International Union of
Mine, Mill & Smelter Workers, affiliated with the Congress of In-
dustrial Organizations, for the purposes of collective bargaining,
or by neither.