Phelps Dodge Corp.

National Labor Relations Board - Board Decisions

Jul 13, 1945

62 N.L.R.B. 1287 (N.L.R.B. 1945)

In the Matter of PHELPS DODGE CORPORATION and BRICKLAYERS, MASONS,
AND PLASTERERS INTERNATIONAL UNION OF AMERICA, LOCAL No. 3.
OF ARIZONA, AFL
In the Matter of PHELPS DODGE CORPORATION and INTERNATIONAL
BROTHERHOOD OF TEAMSTERS , CHAUFFEURS AND HELPERS OF AMERICA,
LOCAL No. 310, AFL
In the Matter of PHELPS DODGE CORPORATION and INTERNATIONAL
BROTHERHOOD OF BLACKSMITHS, DROP FORGERS AND HELPERS, LOCAL
UNION No. 621, AFL
In the Matter of PHELPS DODGE CORPORATION and UNITED BROTHERHOOD
OF CARPENTERS AND JOINERS OF AMERICA, LOCAL UNION No. 2, AFL
In the Matter of PHELPS DODGE CORPORATION and INTERNATIONAL
ASSOCIATION OF MACHINISTS , LODGE 1132, AFL
In the Matter Of PHELPS DODGE CORPORATION and INTERNATIONAL
UNION OF OPERATING ENGINEERS, LOCAL 228, AFL
In the Matter of PHELPS DODGE CORPORATION and INTERNATIONAL
BROTHERHOOD OF BOILERMAKERS , IRON SHIP BUILDERS , AND HELPERS
OF AMERICA, LOCAL No. 506, AFL
In the Matter Of PHELPS DODGE CORPORATION and INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION No. B-1254,
AFL
Cases Nos. 21-R-2409, 21-R-2411 through 21-R-2416, and 21-R-2418,
respectively
62 N. L R. B., No. 174.
1287
1288 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
July 13, 1945
On May 3, 1945, pursuant to the Decision and Direction of Elections
issued by the Board herein on March 23, 1945,' elections by secret ballot
were conducted under the direction and supervision of the Regional Direc-
tor for the Twenty-first Region (Los Angeles, California). Upon the
conclusion of the elections, a Tally of Ballots was furnished the parties in
accordance with the Rules and Regulations of the Board.
The Tally shows the election results as follows:
Voting Group 1.
Approximate number of eligible voters 5
Valid votes counted 4
Votes cast for Bricklayers, Masons and Plasterers International Union
of America, Local No 3 of Arizona, AFL 4
Votes cast for International Union of Mine, Mill and Smelter Workers,
Local 616, CIO 0
Votes cast against participating labor organizations 0
Challenged ballots 0
Void ballots 0
Voting Group 2.
Approximate number of eligible voters 70
Valid votes counted 57
Votes cast for International Brotherhood of Teamsters Chauffeurs,
Warehousemen and Helpers of America , Local No 310, AFL 17
Votes cast for International Union of Mine , Mill and Smelter Workers,
Local 616, CIO 40
Votes cast against participating labor organizations 0
Challenged ballots 3
Void ballots 0
Voting Group 3
Approximate number of eligible voters 15
Valid votes counted 13
Votes cast for International Brotherhood of Blacksmiths, Drop Forgers
and Helpers, Local Union No. 621, AFL 10
Votes cast for International Union of Mine, Mill and Smelter Workers,
Local 616, CIO 3
Votes cast against participating labor organizations 0
Challenged ballots 0
Void ballots 0
1 60 N. L R. B 1431.
PHELPS DODGE CORPORATION 1289
Voting Group 4.
Approximate number of eligible voters 48
Valid votes counted 42
Votes cast for United Brotherhood of Carpenters and Joiners of America,
Local Union 221, AFL 28
Votes cast for international Union of Mine , Mill and Smelter Workers,
Local 616, CIO 13
Votes cast against participating labor organizations 1
Challenged ballots 1
Void ballots 0
Voting Group 5
Approximate number of eligible voters 244
Valid votes counted 202
Votes cast for International Association of Machinists, Lodge 1132, AFL 104
Votes cast for International Union of Mine, Mill and Smelter Workers,
Local 616, CIO 96
Votes cast against participating labor organizations 2
Challenged ballots 5
Void ballots, 0
Voting Group 6
Approximate number of eligible voters 359
Valid votes counted 281
Votes cast for International Union of Operating Engineers, Local 228,
AFL 119
Votes cast for International Union of Mine, Mill and Smelter Workers,
Local 616, CIO 159
\Totes cast against participating labor organizations 3
Challenged ballots 8
Void ballots 2
Voting Group 7.
Approximate number of eligible voters 45
Valid votes counted 41
Votes cast for International Brotherhood of Boilermakers , Iron Ship
Builders and Helpers of America, Local No. 506, AFL 26
Votes cast for International Union of Mine , Mill and Smelter Workers,
Local 616, CIO 14
Votes cast against participating labor organizations 1
Challenged ballots 1
Void ballots 0
Voting Group 8.
Approximate number of eligible voters 68
Valid votes counted 56
Votes cast for International Brotherhood of Electrical Workers, Local
Union No. B-1254, AFL 47
Votes cast for International Union of 1-fine, Mill and Smelter \\Torkers,
Local 616, CIO 9
Votes cast against participating labor organizations 0
Challenged ballots 5
Void ballots 0
1290 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Voting Group 9
Approximate number of eligible voters 412
Valid votes counted 288
Votes cast for Mill and Smelter Workers Union No. 22893, and Mine,
Mill and Smelter Workers Union No. 22852, AFL 33
Votes cast for International Union of Mine, Mill and Smelter Workers,
Local 616, CIO 255
Votes cast against participating labor organizations 0
Challenged ballots ............ 12
Void ballots , 4
Thereafter, on May 9, 1945, International Union of Mine, Mill and
Smelter Workers, C. I. 0., herein called the CIO, filed objections to the
conduct of the election with respect to Voting Group 5 only. On June 9,
1945, the Regional Director issued and served upon the parties his Report
on Objections in which he found that two of the objections raised no sub-
stantial and material issues with respect to conduct affecting the election.
The Regional Director found, however, that the third and last objection
raised substantial and material issues and as a result thereof recommended
that the results of the election be set aside and a new election directed. On
June 22, 1945, the International Association of Machinists, Local Lodge
No. 1132,' herein called the Machinists, filed exceptions to the Regional
Director's report and recommendation based upon the third objection here-
inabove noted.
The CIO in its objections alleges as the basis for its third objection that
on or about May 1, 1945, a few days prior to the election, the Machinists
circulated a publication captioned "Morenci Machinist" and that this pub-
lication contains language which was designed to mislead the eligible
employees into believing that the Board favors craft unions over industrial
unions in _ the copper mining industry. The Machinists appended to its
exceptions a copy of the publication hereinabove referred to' In its excep-
tions, the Machinists contends that the publication represents the opinion
of the writer as to the meaning of the Board's Decision and that the article
in question is not of the type which has been held to constitute a material
interference with the free choice of a bargaining representative.'
While it is true that the publication herein concerned, since it quotes but
a portion of the Board's finding, does not accurately reflect the Board's
position as set forth in the Decision previously issued in this proceeding,
we are of the opinion that the article taken as a whole is not so misleading
as to constitute that type of campaign literature which might unduly influ-
ence or prevent a free choice by employees in selecting a bargaining repre-
sentative.' Accordingly, we shall overrule the CIO's objections as raising no
2 See copy annexed hereto as Appendix A.
9 See Matter of Sears Roebuck & Coonpany, 47 N. L. R B 291
'See Matter of Martinsville Cotton Mill Company , Inc , 5 -R-1599 ( Supplemental Decision and
Certification of Representatives, issued November 6, 1944, unpublished )
PHELPS DODGE CORPORATION 1291
substantial or material issues with respect to the conduct of the election.
The results of the balloting show that bargaining representatives have
been selected in all the voting groups hereinabove referred to.5 In the Deci-
sion and Direction of Election, the Board made no final determination of
the appropriate unit,or units pending the results of the elections, but stated
that the groups which chose the AFL unions as their bargaining representa-
tive would constitute separate and distinct appropriate units The Board
further stated that those groups choosing the CIO would together con-
stitute a single appropriate unit. Since it appears that the employees in
voting groups 1, 3, 4, 5, 7, and 8 have selected AFL unions as their bargain-
ing representatives, we find that each of said groups constitutes a unit
appropriate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act. On the other hand, since it appears that the
employees in groups 2, 6, and 9 have selected the CIO as their bargaining
representative, we find that such groups together constitute a unit appro-
priate for the purposes of collective bargaining within the meaning of Sec-
tion 9 (b) of the Act. On the other hand, since it appears that the employees
in groups 2, 6, and 9 have selected the CIO as their bargaining representa-
tive, we find that such groups together constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section 9 (b)
of the Act. We shall, accordingly, certify the labor organization shown to
have received a majority of the ballots cast by the employees in each of
the several units in accordance with the Tally of Ballots hereinabove re-
ferred to.
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,
and pursuant to Article III, Sections 10 and 11, of National Labor Relations
Board Rules and Regulations-Series 3, as amended
IT IS HEREBY CERTIFIED that Bricklayers, Masons and Plasterers Inter-
national Union of America, Local No. 3, of Arizona, AFL, has been desig-
nated and selected by a majority of all the employees in voting group 1,
described in Section IV of the Decision, and that, pursuant to Section 9 (a)
of the Act, the said organization 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 Blacksmiths,
Drop Forgers and Helpers, Local Union No 621, AFL, has been desig-
nated and selected by a majority of all the employees in voting group 3,
described in Section IV of the Decision, and that, pursuant to Section 9 (a)
The challenged ballots cast in certain of the elections are insufficient in any instance to affect
the choice of a bargaining representative.
1292 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of the Act, the said organization 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 and
Joiners of America , Local Union No. 221, AFL, has been designated and
selected by a majority of all the employees in voting group 4 , described in
Section IV of the Decision , and that, pursuant to Section 9 (a) of the Act.
the said organization is the exclusive bargaining 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 Machinists,
Lodge 1132 , AFL, has been designated and selected by a majority of all
the employees in voting group 5, described in Section IV of the Decision,
and that , pursuant to Section 9 (a) of the Act , the said organization is
the exclusive representative of all such employees for the purposes of
collective bargaining with respect to rates of pay, wages , hours of employ-
ment, and other conditions of employment.
IT IS FURTHER CERTIFIED that International Brotherhood of Boiler-
makers , Iron Shipbuilders and Helpers of America , Local No 506, AFL,
has been designated and selected by a majority of all the employees in voting
group 7, described in Section IV of the Decision , and that, pursuant to
Section 9 (a) of the Act, the said organization 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 Electrical
Workers , Local Union No. B-1254 , AFL, has been designated and selected
by a majority of all the employees in voting group 8, described in Section IV
of the Decision , and that, pursuant to Section 9 (a) of the Act , the said
organization 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 Union of Mine, Mill and
Smelter Workers, Local 616 , CIO, has been designated and selected by a
majority of all the employees in voting groups 2, 6, and 9 , described in
Section IV of the Decision , and that, pursuant to Section 9 (a) of the Act,
the said organization 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
CHAIRMAN HERZOG took no part in the consideration of the above Sup-
plemental Decision and Certification of Representatives.
PHELPS DODGE CORPORATION 1293
APPENDIX A
MORENCI MACHINIST
Volume 1 Morenci, Arizona, Tuesday, May 1, 1945 Number 1
CRAFT UNIONS BEST
FOR COPPER MINING
INDUSTRY SAYS NLRB
NOT PERSUADED ON INDUSTRIAL UNIT IS CLAIM
The National Labor Relations Board has pointed out in its opinion that
the craft union system is best for employees in the mining industry, it
was stated today by IAM-AFL officials.
"Our opinion," the Board writes, "in this respect is supported by the
fact that the evolution of collective bargaining in the copper mining industry
has resulted in the recognition of the appropriateness of craft units, not
only at all of the other operations of the Company within the same broad
geographical area but at all the open pit operations of any appreciable size
within the copper mining industry."
This is the considered opinion of a Government body which is charged
with the duty of determining the fairness of a labor problem on a completely
impartial basis , it was stressed by TAM leaders today.
In its opinion the Board further stated that : " «Te are not persuaded
that the history of collective bargaining has conclusively demonstrated that
effective bargaining has been achieved and maintained on the basis of a
plant-wide unit."
TAM leaders stated that this is an impartial opinion of a governmental
agency about the Phelps-Dodge Corporation right here in 1^^lorenci.
Union leaders further stated that it was their desire for everybody to
vote on election day. "We really want to know what the boys want," said
W. O. Peters, grand lodge representative . "You can't have a successful
union without the backing of the men in it and people won't back something
they don ' t believe in "
"Everybody should vote because if they don't it is possible for a small
group to say what the majority shall have in the matter of hours, wages
and working conditions . Thus an employee who fails to vote for what he
thinks is right may actually be voting for something he knows is wrong.
Naturally we want everybody to vote IAM-AFL but first of all we want
everybody to vote."