Phelps-Dodge Corp.

National Labor Relations Board - Board Decisions

Sep 3, 1942

43 N.L.R.B. 943 (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, COPPED QUEEN BRANCH
and INTERNATIONAL UNION OP MINE, MILL & SMELTER WORKERS
Cases Nos. R-3643 and R-3681, respectively
THIRD SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
September 3,19412
On May 20, 1942, the National, Labor Relations Board, herein called
the Board, issued a Decision and Direction of Elections 1 in theabove-
entitled proceeding. On July 10 and 25, 1942, respectively, the Board
issued a Supplemental Decision, Certification of Representatives, ands
Direction 2 and a Second Supplemental Decision and Direction of
Run-Off Election.3 Pursuant to the Direction of Run-Off Election=
a run-off election by secret ballot was conducted on August 6,, 1942, ,
under the direction and supervision of the Regional Director for the i
Twenty-second Region (Denver, Colorado). On August 18, 194'2','l
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 a Report on Run-off
Election., No objections to,the conduct of the ballot or to the Report
have been filed by any of the parties.
As to the final results of the balloting the Regional Director reported
as follows: ,
Total number eligible to vote------------------------------ 968
Total number of ballots cast------------------------------- 811
Total number of challenged ballots------------------------- 22
Total number of blank ballots------------------------------ 2
Total number of void ballots----------------------- ------ 0
Total number of votes for International Union of Mine, Mill
and Smelter Workers (CIO) ----------------------------- 380
Total number of votes for Bisbee Miners Union, #22792
(AFL) ------------------------------------------------- 407
1 41 N L R B 140
3 42 N I. R B 288
3 42 N L R B 296
43N.L R, B., No 163.
913
944' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Since the number of challenged ballots cannot affect the , results
of the election , the Regional Director made no ruling upon them. We
find it unnecessary to make any determination with respect to the
challenges.
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 their bargaining representative will
constitute separate and distinct appropriate units . The groups
that choose the Smelter Workers will, together , constitute a single
appropriate unit.
Upon the entire record in the case, the Board makes the following :
SUPPLEMENTAL,FINDINGS OF FACT
We find that the remaining employees of the underground depart-
ment, mechanical shops, and surface departments not within the units
for which we have previously certified exclusive bargaining repre-
sentatives, including all gang and jigger bosses, the shaft boss, the
shaft repair boss, the precipitation 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, A. V. Zamora, the
first-aid instructor, salaried foremen and bosses of the underground
and mechanical departments, hotel employees, medical-department em-,
ployees, salaried engineering and technical employees, salaried ac-
counting-department employees, and the diamond drill foreman,
employed by Phelps-Dodge Corporation, Copper Queen Vranch,
Mines Division, Bisbee, Arizona,-constitute a unit appropriate for the
purposes 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 power vested in the Natiomil
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 HEP,EBY CERTIFIED that Bisbee Miners Union, #22792, affiliated'
with the American Federation of Labor, has been designated and se-
lected by a majority of the remaining employees of the underground
department, mechanical shops, and surface departments not within
the units for which we have previously certified exclusive bargaining
PHELPS-DODGE CORPORATION 945
representatives, including all gang and jigger bosses, the shaft boss,
the shaft repair boss, the precipitation plant jigger boss and attendant,
R. Q. Hewlett, the general office janitor, diamond drillers, and dia-
mond- drill helpers, but excluding the sample-mill boss, drilling in-
structors, finlay machine instructors, watchmen, A. V. Zamora,, the
first-aid insi,ructor, salaried foremen and bosses of the underground
and mechanical departments, hotel employees, medical-department
employees, salaried engineering and technical employees, salaried ac-
counting-department employees, and the diamond drill foreman, em-
ployed by Phelps-Dodge 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, Bisbee Miners Union, #22792, affiliated with the Amer-
ican Federation of Labor, is the exclusive'representative of all such
employees for the purposes of collective bargaining in respect to rates
of pay, wages, hours of employment, and other conditions of employ-
ment.
481039-42-vol. 43-60