Phelps-Dodge Corp.

National Labor Relations Board - Board Decisions

Jul 10, 1942

42 N.L.R.B. 288 (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 PIIELPS-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
In. 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 ASSOCIA-
TION 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 PIIELPS-DODGE CORPORATION and INTERNATIONAL
BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN &
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
SUPPLEMENTAL DECISION
CERTIFICATION OF REPRESENTATIVES
AND
DIRECTION
July 10, 1942
On May 20, 1942 , the National Labor Relations Board Issued a
Decision and Direction of Elections in the above -entitled proceeding 1
1 41 N L R B 140
42 N L R B, No 68
288
PHELPS-DODGE CORPORATION 289
Pursuant to the Direction of Elections, elections by secret ballot
were conducted on June 11, 1942, under the direction and supervision
of the Regional Duector for the Twenty-second Region (Denver,
Color ado) . On June 20, 1942, the Regional Director,, acting pur-
suant 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 Blacksmiths
Total number eligible to vote ------------- ------------------ 21
Total number of ballots cast--------------------------------- 1S
Total number of challenged ballots__________________________ 0
Total number of blank ballots________________________________ 0
Total number of void ballots_________________________________ 0
Total numbei of votes foi International Union of Mine, Mill
and Smelter Workers, (CIO)______________________________ 6
Total number of Notes for International Brotherhood of Black-
smiths, Drop Forgers & Helpers #617, (AFL) -------------- 12
Total number of Notes for neither labor organization-__----__- 0
2 Boilermakers and Welders
Total number eligible to vote--------------------------------- 39
Total number of ballots cast--------------------------------`- '37
Total number of challenged ballots-------------------------- 1
Total number of blank ballots______________________________` 0
Total number of 'ond ballots ______--_-'`-------------------- 0
Total number of votes for International Union of Mine, Mill, and
Smelter Workers, (CIO) ----------------------------------- 3
Total number of Notes for International Brotherhood of Boiler
Makers, Iron Ship Builders & Helpers #639, (AFL) -------- 32
Total number of votes for neither labor organization------____ 1
3 Carpenters
Total number eligible to vote_______________________________ 11
Total number of ballots cast--------------------- -- --- -------------- 6
Total number of challenged ballots--------------------------- 0
Total number of blank ballots________________________________ 0
Total number of void ballots---------------------------------- 0
Total number of votes for International Union of Mine, Mill, and
Smelter Workers, (CIO)__________________________________ 1
Total number of votes for United Brotherhood of Carpenters &
Joiners of America #2302, (AFL)_________________________ 5
Total number of votes for neither labor organization------------ 0
472814-12-vol 42-19
290 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
4 Electricians
Total number eligible to vote--------------------------------- 39
Total number of ballots cast-------------------------------- 35
Total number of challenged ballots--------------------------- 2
Total number of blank ballots------------------------------- 0
Total number of \oid ballots-------------------------------- 0
Total number of votes for International Union of Aline, Mill, and
Smelter workers, (CIO) ---------------------------------- -9
Total number of votes for International Biotherhood of Electri-
cal Workeis, #B487, (AFL)------------------------------- 23
Total number of votes foi neither labor organization ------------ 1
5 Machinists
Total number eligible to iote-------------------------------- 23
Total-number of ballots cast------------'------ ------------- - 21
Total number of challenged ballots---------- ---------------- 0
Total number of blank ballots-------------------------------- 0
Total number of void ballots-------------------------------- 0
Total number of votes for Intel national Union of Aline, Mill, and
Smelter Woikers, (CIO)-----j ----------------------------- 0
Total number of votes for Inteinational Association' of Machin-
ists, #1121, Lowell Lodge, (AFL) ------------------------ 19
Total number of votes for neither labor organization--__------ 2
6 Pipefitters
Total number eligible t6 vote--------------------------------- 19
Total number of ballots cast------------------------------- -17
Total number of challenged ballots----------- ------- --------- 0
Total number of blank ballots ------------------------------ 0
Total number of void ballots-------------------------------- 0
Total number of votes for Inteinational Union of Mine, Mill, and
Smelter Woikers, (CIO) ----------------------------------3
Total number of votes for United Association of Jouineyman
Plumbers & Steam Fitteis of United States & Canada #616
(AFL) --------------------------------------------------- 14
Total number of votes for neither labor organization _------__ 0
7 Truck diivers and Warehousemen
Total number eligible to vote--------------------------------- 14
Total number of ballots cast ------------- ---- --------------- 14
Total number of challenged ballots--------------------------- 0
Total number of blank ballots -------------------------------- 0
Total numbei of void ballots-------------------------- ----` 0
Total number of votes for Inteinational Union of Aline, Mill; and'
Smelter Workers, (CIO) ----------------------------------- 2
Total number of votes foi Inteinational Biotheihood of Team-
s+ers, Chautfeuis,' Warehousemen & Helpeis of Ameiica,
#310, (AFL)- ----------------------------------------- 11
Total number of votes for neither labor orgamzation'------- 1-
PHELPS-DODGE CORPORATION 291
8 Opel atrng Engineers
Total number eligible to vote_______________________________ 72
Total number of ballots cast_________________________________ 68
Total number of challenged ballots___________________________ - 2
Total number of blank ballots -------------------------------- 0
Total number of void ballots_________________________________ 0
Total number of votes for International Union of Mine, Mill, and
Sineltei Woikeis, (CIO)___________________________________ 6
Total number of cotes for Intel national Union of Operating En-
gineers, #420, (AFL) ------------------------------------ 56
Total number of cotes for neither labor oiganization----------- 4
9 Remaining Production and Maintenance Employees
Total number eligible to vote______________________________ 1, 112
Total number of ballots cast______________________________ 980
Total number of challenged ballots_______________________ 46
Total number of blank ballots_____________________________ 1
Total number of -,old ballots_____________________________ 3
Total number of Notes for International Union of Mine, Mill and
Smelter workers, (CIO)________________________________ 466
Total number of A otes for Bisbee Miners Union, #22792____ 426
Total number of rotes for neither labor organization-------- 38
Since the number of challenged'ballots in the second, fourth, and
eighth voting groups cannot affect the results of the elections in
those groups, the Regional Diiector made no ruling on them. We
find it unnecessaiy to make any determination with respect to the
challenged ballots in those groups With respect to the challenged
ballots in the ninth voting group, the Regional Director recommended
in his Election Repoit that the challenges to the ballots of 23 em-
ployees be sustained and that the remaining challenges to the ballots
of 23 other employees be oveiiuled and that such ballots be declaied
valid and counted Among these ballots are those of 7 diamond
drilleis and diamond-drill helpeis whose duties and status were not
clearly disclosed in the iecoid and who were permitted to vote subject
to challenge The Regional Director in his Election Report states
that his investigation of the facts concerning the dianmond-drill em-
ployees reveals that (1) although they are employees of an inde-
pendent contractor, they are hired by the Company's employment
agent from the Company's mine crew and are paid by checks of the
Company, the amounts of which are deducted from the payments
due the contractor, (2) their wage scale is the same as the Company's
employees, (3) the Company's foremen and shift bosses may recom-
mend their dischaige; and (4) they are subject to the same working
rules and conditions as are the Company's regular employees and
enjoy nearly all the rights and privileges possessed by the Company's
regular employees We find that the diamond drillers and diamond-
292 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
drill helpers are employees of the Company w ithin the meaning of
the Act These findings shall supersede those made in the Decision
and Direction of -Elections insofar - as the earlier findings -ai e incon-
sistent with those herein set forth- No objections to the recommenda-
tions of the Regional Director have been filed by any of the labor
organizations involved herein, or by the Company The recommenda-
tions of the Regonal Director upon the challenged ballots are hereby
sustained and we shall , therefore , direct that the Regional Director
open and count the ballots of the 23 employees hereinafter set forth
in the Direction and issue a Supplemental Election Report
In its Decision and Direction of Elections the Board stated-
.,. , there- will be no final determination of the appropriate
unit or units pending the results of the elections Those groups
choosing the AFL Unions as then bar gaining representative will
constitute separate and distinct appropriate units The groups
that choose the Smelter Workers will, together. constitute a single
appropri ate unit
The results of the elections in the fist eight voting groups reveal
that a union other than the Smelter Workers has been selected by
the employees in each group Accoi dangly, the employees in each
of these gioups constitute an appropriate unit and we shall ceitify
the union selected by the employees therem as the exclusive repre-
sentative The results of the election in the ninth of residual group
are inconclusive , therefore , we shall not at this time make any
determination as to whether or not that group constitutes an appio- -
priate unit
I SUPPLEMENTAL FINDINGS OF FAC1
We find that each of the group's of employees for which Ave herein-
after certify exclusive bargaining representatives constitutes a unit
appropriate for the puiposes of collective bargaining within the
meaning of Section 9 (b) of the National Labor Relations Act
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the povvei vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Boai d Rules and Regulations-Sei ies 2,
as amended,
IT IS HEREBY CERTIFIED that Inteinational Biotlmthood of Black-
smiths, Drop Forgers & Helpers #617, affiliated with the American
Federation of Labor, has been designated and selected by a majority
of the employees of the blacksmith and steel-sharpening shops, in-
PHELPS-DODGE CORPORATION 293
eluding all gang and-jiggei bosses, but excluding all salaried foremen
and bosses, employed by Phelps-Dodge Corporation, Copper Queen
Blanch, Mines Division, Bisbee, Aiizona, as their representative for
the purposes of collective baiganiing, and that, pursuant to the pro-
visions 'of Section 9 (a) of the Act, International Brotherhood of
Blacksmiths, Drop Forgers & Helpers #617, affiliated with the
American Federation of Labor, is the exclusive representative of all
such employees for the purposes of collective bargaining in respect
to iates of pa3, wages, hours of employment, and other conditions
of employment
IT IS FURTHER CERTIFIED that International Brotherhood of Boiler
Makers, lion Ship Builders & Helpers #639, affiliated with the
American Federation of Labor, has been designated and selected by
a majolity of the employees of the boiler and welding shop and of the
iope shop, and the tin workeis of the machine shop, including all
gang and digger bosses, but excluding all salaried foremen and bosses,
employed by Phelps-Dodge Corporation, Copper Queen Branch,
Mines Division. Bisbee. Arizona, as their representative for the pur-
poses of collective bargaining, and that, pursuant to the provisions
of Section 9 (a) of the Act, International Piotherhood of Boiler
Makers, Iron Ship Builders & Helpers #639, affiliated with the
American Federation of Labor, 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 United Brotherhood of 'Carpenters
& Joiners of America, #2302, affiliated with the American Federation
of Labor, has been designated and selected by a majority of the car-
penter-shop employees and the wedge baler and framing-machine
operators of the sawmill, including all gang and jigger bosses, but
excluding all salaried foremen and bosses, employed by Phelps-Dodge
Corporation, Copper Queen Branch, Mines Division, Bisbee, Arizona,
as then lepiesentative for the purposes of collective bargaining, and
that; pursuant to the provisions of Section 9 (a) of the Act, United
Brotherhood of Carpenters & Joiners of America #2302, affiliated
with the American Federation of Labor, 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 Brotherhood of Electri-
cal Workers, #B487, affiliated with the American Federation of
Labor, has been designated and selected by a majority of the em-
ployees of the electric shop, including all gang and jigger bosses, but
excluding all salaried foremen and bosses, employed by Phelps-Dodge
294 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Corporation , Copper Queen Branch, Mines Division , Bisbee, Arizona,
as their representative for the purposes of collective bargaining, and
that , pursuant to the provisions of Section 9 (a) of the Act , Inter-
national Brotherhood of Electrical Workers, #B487 , affiliated with
the American Federation of Labor, 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, #1121 , Lowell Lodge , affiliated with the American Federation
of Labor, has been designated and selected by a majority of the
machine-shop employees , including all gang and jigger bosses, but
excluding machine-shop tinners, truck diivers and laboreis, the jani-
tor, the gardener , and all salaried foremen and bosses , employed by
Phelps-Dodge Coi poi ation, Copper Queen Bianch, Mines Division,
Bisbee, Arizona , as their iepresentative for the puiposes of collective
bargaining , and that, puisuant to the provisions of Section 9 (a) of
the Act, Inteinational Association of Machinists , # 1121, Lowell
Lodge, affiliated with the American Federation of Labor, is the ex-
clusive 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 United Association of Journeymen
Plumbers & Steani , Fitters of United States & Canada, #616; affil-
iated with the American Fedeiation of Labor - has been designated
and selected by a majority of the employees of the pipe and rigger
shop, including all gang and jigger bosses , but excluding R F
Sprague, J G A Junttola, H W Nichols , and all salaried foremen
and bosses , employed by Phelps-Dodge Coipoiation, Copper Queen
Branch, Mines Division , Bisbee, Arizona , as then iepresentative for
the purposes of collective bargaining , and that, puisuant to the pro-
visions of Section 9 (a) of the Act, United Association of Journey-
men Plumbers & Steam Fitteis of United States & Canada, #616,
affiliated with the Amei scan Fedeiation of Labor, is the exclusive
representative of all such employees foi the purposes of collective
bargaining with respect to rates of pay, wages, houis of employment,
and other conditions of employment,
IT IS FURTHER CERTIFIED that Inteinational Brotheihood of Team-
sters, Chauffeurs , Warehousemen & Helpers of Ameiica, #310,
affiliated with the American Federation of Laboi, has been designated
and selected by a maj of ity of the tiuck di ivei s, laborers, warehouse-
men, and supply -receiving clerks, including all gang and jigger
bosses, but excluding salaried foremen and bosses , employed by
Phelps-Dodge Corpoiation , Copper Queen Bianch, Mines Division,
Bisbee, Arizona , as their representative foi the purposes of collective
PHELPS-DODGE CORPORATION 295
bargaining , and that, pursuant to the provisions of. Section 9 (a)
of the Act , International Brotherhood of Teamsters , Chauffeuis,
Warehousemen & Helpers of America, $ 310 , affiliated with the
American Federation of Labor, 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; and
IT IS FURTHER CERTIFIED that International Union of Operating
Engineers , #420, affiliated with the American Federation of Labor,
has been designated and selected by a majority of the conveyor op-
erators, Junction power-plant employees , hoisting engineers and oil-
ers, pumping -department employees , R F Sprague , J. G. A Junttola,
and H W. Nichols, including all gang and jigger bosses , but exclud-
ing all salaried foremen and bosses , employed by Phelps-Dodge
Corpoi ation , _ Copper Queen Branch, Mines Division , Bisbee Arizona,
as their repiesentative for the puiposes of collective bargaining, and
that, pursuant to the provisions of Section 9 (a) of the Act, In-
ternational Union of Operating Engineers , #420, affiliated with the
American Federation of Labor, is the exclusive repiesentative 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. -
DIRECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations 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 heieby
DIRECTED that, as part of the investigation ordered by the Board
to asceitam representatives for the purposes of collective bargaining
with Phelps-Dodge Corporation, Copper Queen Branch, Mines Di-
vision, Bisbee, Arizona, the Regional Director for the Twenty-second
Region ( Denver, Colorado ) shall , pursuant to said Rules and Regu-
lations and subject to Article III, Section 9, thereof, within ten (10)
days fiom the date of this Direction open and count the challenged
ballots ofW W Butler, J B McClure, E R Caldwell, W G ,Rose,
R. D Zambonnni, H M Walker, E V Gundy, H M Wirtz, Achim
Bugen, A R Wright, 0 M Farnsworth, A S Metzler, B M Garcia,
Carl R Carlson, R D Frosco, Wilford Sampson, J R Costey, Tony
Caretto, Roy O'Leary, C A Spong, M M. Bohlen, G E Whitehead,
and Eail Peterson , herein declared valid, and shall thereafter pre-
pare and cause to be served upon the parties to this proceeding a
Supplemental Election Report embodying therein his findings and
recommendations as to the results of the secret ballot.