Phelps Dodge Corp.

National Labor Relations Board - Board Decisions

Apr 15, 1938

6 N.L.R.B. 624 (N.L.R.B. 1938)

In the Matter Of PHELPS DODGE CORPORATION UNITED VERDE BRANCH
and INTERNATIONAL ASSOCIATION OF MACHINISTS, LOCAL No. 223; IN-
TERNATIONAL BROTHERHOOD OF BOILERM uiERS, IRON SHIP BUILDERS
AND HELPERS, LOCAL No. 406; INTERNATIONAL BROTHERHOOD OF°ELEC-
TRICAL WORKERS, LOCAL No. B 657; AND INTERNATIONAL BROTHER-
HOOD OF CARPENTERS AND JOINERS, LOCAL No. 1061
Cases Nos. R-558 to R-561, inclusive.Decided April 15, 1938
Copper Mining and Smelting Industrij-Investigation of Representatives: con-
troversy concerning representation of employees: controversy concerning appro-
priate unit-Units Appropriate for Collective Bargaining: similarity of interests
and duties of members of each craft, employed in both mine and smelter, and
distinction from interests and functions of other employees ; history of union
organization; absence of opposing claims by a bona fide labor organization; craft
units found appropriate under circumstances-Elections Ordered: parties agreed
on use of pay roll dated 2 days prior to date of hearing for determining eligibility
to vote.
Mr. David Persinger, for the Board.
Mr. Denison Kitchel, of Phoenix, Ariz., for. the Company.
Mr. Sidney S. Bartels, of Phoenix, Ariz., for the I. A. M., the Boiler-
makers, the I. B. E. W., and the Carpenters.
fur. Gene Gaillac, of Phoenix, Ariz., for the I. B. E. W.
Mr. Fred H. Eckert, of Cottonwood, Ariz., for the Smelter Commit-
tee and for the Mine Committee.
Mr. J. H. Krug, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On November 7, 1937, International Association of Machinists,
Local No. 223, herein called the I. A. M.; International Brotherhood
of Boilermakers, Iron Ship Builders and Helpers, Local No. 406, here-
in called the Boilermakers; 1 International Brotherhood of Electrical
IIt appears from the record that the correct name is International Brotherhood of
Boilermakers, Iron Ship Builders, Welders and Helpers of America, Local No 406. It
also appears from the record that the correct name of the Carpenters is United Brother-
hood of Carpenters and Joiners of America. Local No 1061.
624
DECISIONS AND ORDERS 625
Workers, Local No. B657, herein called the I. B. E. W.; and Interna-
tional Brotherhood of Carpenters and Joiners, Local No. 1061, herein
-called the Carpenters, filed with the Regional Director for the Twenty-
first Region (Los Angeles, California) four separate petitions alleging
that questions affecting commerce had arisen concerning the represen-
tation of employees of Phelps Dodge Corporation, herein called the
Company, who are employed in its United Verde Branch, located at
Jerome and Clarkdale, Arizona, and requesting an investigation and
certification of representatives pursuant to Section 9 (c) of the Na-
tional Labor Relations Act, 49 Stat. 449, herein called the Act. The
four,unions above-mentioned are herein collectively called the Craft
Unions. On December 9, 1937, the National Labor Relations Board,
herein called the Board, acting pursuant to Section 9 (c) of the Act and
Article III, Section 3, of National Labor Relations Board Rules and
Regulations-Series 1, as amended, ordered an investigation and au-
thorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice; the Board further ordered, pur-
suant to Article III, Section 10 (c) (2), of the above Rules and Regu-
lations, that the four cases be consolidated for the purposes of the
hearing. _
On January 4, 1938, the Regional Director issued d notice of hear-
ing, copies of which were duly served upon the Company, upon the
four petitioning unions, upon the International Union of Mine,
Mill and Smelter Workers, Jerome, Arizona, herein called' the
I. U. M. M. S. W., a labor organization claiming to represent em-
ployees directly affected by the investigation, upon the Central Labor
Councils of Los Angeles, California, and Tucson and Pheonix, Ari-
zona, upon the Los Angeles Industrial Union Council, Los Angeles,
California, upon the Employees' Committee, Employees' Representa-
tion Plan, Phelps Dodge Corporation, United Verde Branch, Mine
Division, herein called the Mine Committee,2 and upon the Em-
ployees' Committee, Employees' Representation Plan, Phelps Dodge
Corporation, United Verde Branch, Smelter Division, herein called
the Smelter Committee.3 The Mine Committee and the Smelter Com-
mittee, herein collectively called the Employees Committees, are labor
organizations claiming to represent employees directly affected by the
investigation. Both Employees Committees, 2 or 3 days before the
hearing, filed separate petitions with the Regional Director similar to
those filed by the Craft Unions. The Board did not, however, act
2 The notice in this instance was addressed to the Employees Representation Plan of the
United Verde Branch, Smelter Dnision, Coppeiwood, Arizona; but it appears from the
record that this actually gave notice to the Mine Committee
3 The notice was addressed to Employees' Representation Plan of the United Verde
Branch, Smelter Division, Claiksdale, Arizona.
626 NATIONAL LABOR RELATIONS BOARD
upon the Employees Committees petitions, by ordering an investiga-
tion, pursuant to Section 9 (c) of the Act and Article III, Section 3,
of the Rules and Regulations. The Mine Committee and the Smelter
Committee will be regarded, therefore, as intervenors rather than
petitioners. This conclusion has no bearing upon our decision.
Pursuant to the notice, a hearing was held on January 10 and 11,
1938, at Clarkdale, Arizona, before Walter B. Wilbur, the Trial
Examiner duly designated by the Board. The Board and the Com-
pany were, represented by counsel, and the Craft Unions by an or-
ganizer of the American Federation of Labor; the I. B. E. W. was
represented by an agent of its parent body, International Brotherhood
of Electrical Workers, and the Smelter Committee and the Mine Com-
mittee were also represented.4 All the foregoing parties participated
in the hearing.' Full opportunity to be heard, to examine and to
cross-examine witnesses, and to introduce evidence bearing on the
issues was afforded all parties.
During the course of the hearing the Trial Examiner made several
rulings on motions and on objections to the admission of evidence.
• The Board has reviewed the rulings of the Trial Examiner and finds
that, with two exceptions, no prejudicial errors were committed.
When each of'the Employees Committees sought to introduce in
evidence the Articles governing its operations, as proof of its organi-
zation and purposes, the Trial Examiner ruled that the offers of
proof were irrelevant. In this we think he erred. An intervenor
is clearly entitled to introduce in evidence proof of its existence as
a labor organization, and no reason appears in this case for regarding
such proof as irrelevant. The rulings of the Trial Examiner are
hereby overruled. Since the Articles of both Employees Committees
were marked for identification as,Exhibits and forwarded with the
record, we hereby admit them in evidence. All other rulings made
by the Trial Examiner are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE CO âIPANY a
Phelps Dodge Corporation is incorporated under the laws of New
York. In addition to its direct holdings, the Company owns a num-
s The record indicates that the Smelter Committee and Mine Committee were not repre-
sented by legal counsel, but they participated in the hearing by a representative.
6 A representative of the I U M M S. W appeared, but withdrew from the case almost
immediately , taking no part in the hearing.
8 Most of the facts in this section are derived from a stipulation entered into between
counsel for the Company and counsel for the Board.
DECISIONS AND ORDERS 627
bey of subsidiaries engaged in mining, refining and fabricating copper
and in other types of business.'
The United Verde Branch is the name given to the mine and smelter
at Jerome and Clarkdale, Arizona, purchased by the Company in
February 1935, from United Verde Copper Company. The mine,
which is located at Jerome, consists of a large deposit of copper-bear-
ing ore, with traces of silver and gold. Ore produced at the mine is
shipped to the smelter at Clarkdale, approximately seven miles dis-
tant, by the Verde Tunnel and Smelter Railroad Company. The ore
is reduced to copper bullion, which is shipped by rail and steamship
line to a copper refinery at Laurel Hill, New York. Only 2 per cent
of the ores treated at the smelter are derived from sources other than
the mine at Jerome, all of which, however, are within the State of
Arizona. Coal used as fuel is shipped to the smelter from New
Mexico, but in what quantities the record does not disclose. During
1936, the total production of the United Verde Branch was as fol-
lows: Copper, 76,957,725 pounds; silver, 1,514,830 ounces; and gold
55,113 ounces. The copper constituted 6.3 per cent of the total amount
of copper produced in the United States during that year.
II. THE ORGANIZATIONS INVOLVED
The four Craft Unions are labor organizations affiliated with the
American Federation of Labor. International Association of Ma-
chinists, Local No. 223 apparently admits to membership machinists,
machinist helpers and apprentices, including tool makers, drill press
operators and jigger boss machinists. International Brotherhood of
Boilermakers , Iron Ship Builders , Welders and Helpers of America,
Local No. 406 apparently admits to membership boilermakers , helpers,
apprentices , welders , boiler shop punchmen, and boilermaker jigger
bosses. International Brotherhood of Electrical Workers, Local No.
B657, apparently admits to membership electricians , electrician help-
ers and apprentices , electrician jigger bosses , armature winders , meter-
men, and meterman apprentices , but excludes radio men, refrigerator
men, crane workers, switchboard men and generator attendants.
United Brotherhood of Carpenters and Joiners of America, Local
No. 1061 apparently admits to membership carpenters and appren-
' Wholly owned subsidiaries are as follows • Mining. Montezuma Copper Company and
Compama Minera de San Carlos. S A, both in Mexico ; Copper refining- Nichols Copper
Company with plants located at Laurel Hill, New York and El Paso, Texas ; Copper
fabricating* Phelps Dodge Copper Products Corporation with plants in New Jersey, New
York, Indiana and California ; Utilities : Ajo Improvement Company, Warren Company, The
Moienci Water Company, and Upper Verde Public Utilities Company, all doing business in
Arizona ; Mercantile corporations : Phelps Dodge Mercantile Company, doing business in
New Mexico and Arizona, and New Cornelia Cooperative Mercantile Company, doing busi-
ness in Arizona; Veide Tunnel & Smelter Railroad Company, operating between Jerome
and Clarkdale, Arizona ; Dawson Fuel Sales Company, Dawson, New Mexico ; and Cochise
Publishing Company, Bisbee, Arizona.
628 NATIONAL LABOR RELATIONS BOARD
tices. The record reveals that with the exception of the Machinists,
the jurisdiction of the Craft Unions is not confined to persons employed
by the Company. The four Craft Unions have formed what is known
as the Verde District Metal Trades Council, in which each of them is
represented, but the Council is not a party to this proceeding.
The Employees Committee, Employees Representation Plan,
Smelter Division, consists of the employees' representatives in the
Employees Representation Plan for the Smelter Division. The
Employees Committee, Employees Representation Plan, Mine Divi=
sion, bears a similar relationship to the Employees Representation
Plan for the Mine Division. Both of the Employees Committees are
labor organizations within the meaning of Section 2 (5) of the Act.
All of the employees at each Division, excluding supervisory em-
ployees but including salaried employees, are eligible to participate
in the Employees Representation Plan for that Division.
III. THE QUESTIONS CONCERNING REPRESENTATION
In August 1933, the Mine Committee was established and soon
afterwards the Smelter Committee made its appearance. The United
Verde Copper Company negotiated separately with each committee,
as representing all the employees of the Mine Division and of the
Smelter Division, respectively, and the Company, after it acquired the
property, continued the same policy. Since May 1937, the Company
has also 'met with the Verde District Metal Trades Council, com-
posed of delegates from the four Craft Unions, and has granted
several demands concerning wages and working conditions made by
the Council.
At the hearing the Company urged that for purposes of collec-
tive bargaining all the employees of the Mine Division should con-
stitute one unit, and the employees at the Smelter Division should
constitute another. It argued that craft units were inappropriate,
and explained that it had recognized and negotiated with the Metal
Trades Council only because legal counsel advised this course in
order to preclude any possibility of violating the Act. Although
the Company has not refused to negotiate with the Craft Unions,
its insistence at the hearing upon bargaining units which conflict with
those advanced by the petitioners, gives rise to questions concerning
representation.
We find that questions have arisen concerning representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON
COMMERCE
We find that the questions concerning representation which have
arisen, occurring in connection with the operations of the Company
DECISIONS AND ORDERS ' 629
described in Section I above, have a close, intimate, and substantial
relation to trade, traffic and commerce among the several States, and
tend to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
We consider first the problems raised by the participation of the
Employees Committees in this case. Each Committee sought a bar-
gaining unit comprised of all employees at its respective Division,
excluding supervisory employees. Article I of the Articles governing
the Smelter Committee, entitled "Purposes", reads as follows :
The employees and the Management of the United Verde
Branch, in order to form an organization for the purpose of
promoting closer relations between the employes and the Man-
agement, to provide a method for the prompt settlement of any
differences that may arise, and to provide a means whereby
employes shall have representation in the consideration of ques-
tions of policy relating to working conditions, hours of labor,
wages, safety and other matters of mutual interest, do hereby
establish this Employes' Representation Plan."
The pertinent provisions of the Articles may be summarized as
follows : The Smelter Division is divided into five departments or
electoral divisions, and the employees working in each of these,
excluding foremen, bosses, and those with power to hire and dis-
charge, are entitled to elect a single representative. The Employees
Representatives thus chosen, together with representatives of the
Management, form what is known as the Industrial Council. The'
number of Representatives of the Management may not exceed the
number of Employees Representatives, but the Representatives of the
Management, considered as a group, have voting power equal to
that of the Employees Representatives in the Industrial Council.
The Employees Representatives and the Representatives of the Man-
agement vote as groups. In the event of a tie vote, the matter will be
submitted to arbitration at the request of either group. Amendment
of the Articles requires a two-thirds vote of the Employees Repre-
sentatives together with a two-thirds vote of the Management Repre-
sentatives. Article 18 reads :
This plan may be terminated by a two-thirds vote of the
Employes of the Phelps Dodge Corporation, United Verde
Branch, or by action of the Board of Directors of the Company.
8 Although this paragraph suggests that the organization embraces the entire United
Verde Branch , the Articles considered as a whole are clearly confined to the Smelter
Division At the heating the Employees Committee elected under these Articles contended
that it represented only the employees of the Smelter Division
630 NATIONAL LABOR RELATIONS BOARD
The language of the Mine Committee Articles follows, almost word
for word, the Articles of the Smelter Committee, and contains pro-
visions substantially identical with those to which we have referred.
It is obvious from this outline of the Articles that the Employees
Committees cannot be considered as bona fide representatives of the
employees for purposes of collective bargaining. This conclusion is
compelled in each instance by the entire scheme of the Articles, and
especially by the provision empowering the Company to terminate the
plan at any time, Under the Act we cannot certify an organization as
representative of employees for purposes of collective bargaining,
when the Articles governing its existence and operation on their face
evidence the complete subjection of the organization to the em-
ployer. Such an organization is patently incapable of bargaining at
arm's length with the employer.
In the course of the hearing witnesses testified that the Company
had in several instances granted requests made by the Committees.
The adjustments thus made, however , were comparatively insignifi-
cant; and, admittedly , the Company has never entered into a contract
with either of the Committees . The evidence upon the dealings be-
tween the Employees Committees and the Company fails to alter the
convincing evidence of subjection to the Company afforded by the
Articles themselves. To place upon the ballot an organization so
congenitally subservient to the employer would be to subvert the
fundamental purposes of the Act. Accordingly, the requests of the
Mine Committee and Smelter Committee for 'certification, or for an
election, are hereby denied. This disposes, also, of the Company's
contention that the Employees Committees are the representatives of
its employees in the appropriate units, and that it wishes to continue
to bargain with these representatives.
The Craft Unions contend that members of each of the four skilled
crafts, working in both Divisions, should be regarded as separate
bargaining units. It appears from testimony of their witnesses, and
from cross-examination of the Company's witness, that a skilled
craftsman employed at one Division can perform the work required
of members of his craft at the other Division, although the machinery
or equipment to which he is assigned may be more or less different
from what he has worked at in the first Division. There have been
occasional instances of interchange of craftsmen between the mine
and the smelter. Members of an individual craft receive the same
rates of pay and work the same number of hours in both Divisions.
The function of members of the four crafts is to install and maintain
the equipment used by the regular production employees in mining
or reducing the ore. These considerations, urge the Craft Unions,
call for the designation of four collective bargaining units, each
composed of workers in a single craft.
DECISIONS AND ORDERS 631
The Company maintains that the units sought by the four petition-
ing Craft Unions are inappropriate both because they are framed
upon a narrow craft basis , and because they seek to include in the
same unit both mine and smelter workers. The grounds for its
position are as follows : The supervisory staffs of the two Divisions
are separate and distinct ; the entire Branch is in charge of a single
manager , but each Division has its superintendent and a separate
staff of supervisory employees . Operations of the two Divisions
are functionally distinct ; the mine produces the ore and the smelter
reduces it to copper bullion. If the smelter closed down the mine
would have enough storage space to remain in operation for a
year or more . The mine and smelter are approximately seven miles
apart, and the mine is more than 2,000 feet higher in elevation than
the smelter. As a general rule, employees at the Mine Division live
in the nearby town of Jerome, and those at the Smelter Division in
Clarkdale; there is little communication or social contact between the
two communities . Workers at one Division , craftsmen as well as
others, do not come in contact on the job with employees of the
other Division . Some of the craftsmen work in shops apart from
the rest of the employees , but this is by no means the general rule;
for example , most of the electricians at the smelter are assigned
to the various departments of the Division , more or less permanently,
to repair and maintain the electrical equipment . The work of
members of the other crafts, in both Divisions , has the same feature,
although not to a like degree . A foreman of a department sometimes
has charge of the craftsmen assigned to that department as well as
of non-craft employees . Members of a craft usually have little con-
tact with each other on the job; apart from work in the shop, their
working conditions , are the same as those of the regular production
employees . The superintendent of the Smelter Division , who had
negotiated with both the Metal Trades Council and the Employees
Committees , testified that most of the requests made by the Council
concerned all the employees at the Branch, and that on several occa-
sions he was engaged in two separate conferences, one with the
Council and one with an Employees Committee, dealing with the
same subject. These facts , the Company asserted , made it clear that
the problems of craftsmen were substantially identical with those
of other employees in the Division in which they worked.
Although there is substantial evidence in support of the position
taken by the Company, we think that under the circumstances dis-
closed by the record, the units sought by the petitioning Craft Unions
are appropriate . The smelter and mine superintendents have a
large degree of authority concerning labor problems, each in his own
Division, but the general labor policy for the entire Branch is deter-
mined by the manager of the Branch together with the general
80618-38-vor, [--91
632 NATIONAL LABOR RELATIONS BOARD
manager of the Western Division of the Company. There is no
evidence that the Craft Unions attempted to bargain with the Com-
pany until May 1937, but the record reveals that they were organ-
ized for some years prior to that date. Most of the employees in
an individual craft at each Division are subject to a separate craft
foreman, and spend at least a part of their working time in the
shop established for that craft. Each of the four crafts is com-
posed of skilled workers. Their interests, type of work and the
differential in wages which they enjoy, distinguish them sharply
from the production employees. Asa consequence of our decision
that the Employees Committees are not entitled to represent em-
ployees for purposes of collective bargaining, the units requested
by the Craft Unions were not opposed by any bona fide labor organi-
zation. In the absence in this case of any effective claim by a rival
employee organization for a bargaining unit on a broader scale,
we conclude that the craft units are appropriate.
It remains for us to define, with some degree of precision, the
employees to be included in the respective bargaining units. Wit-
nesses for the Craft Unions at the hearing experienced difficulty
in stating, what employees the unit should include. To meet the
difficulty, the recording secretary or financial secretary of each union
selected from the Company's pay roll,9 and read into the record; the
names and job classifications of those employees whom the witness
desired the bargaining unit to embrace. The great majority of the
names correspond to those contained in lists of workers in the four
crafts, taken from the pay roll and prepared by the Company, which
appear in the record.1° Since the Company and the Craft Unions
thus agree that every such employee is properly considered a mem-
ber of one of the four crafts, we are of the opinion that they should
be included in the appropriate units.
Some of the names read into the record by witnesses for the
Craft Unions do not appear on the lists of craft workers submitted by
the Company. On the other hand, certain names on the Company's
lists were omitted by the Craft Union witnesses. We take for granted
that the Craft Unions, by failing to mention these, indicated a belief
that such employees should not be included in the respective units.
Similarly, the Company, in presenting its lists, signified its opinion
1 hat the lists contained the names of all workers in the four crafts.
But upon checking with the pay roll the names omitted either by the
Craft Unions or by the Company, we observe that in several instances'
the pay-roll classification clearly indicates that such names were
omitted inadvertently. The Craft Unions presented no evidence, with
U Respondent Exhibit No. 2, entitled "List of Employees on Payroll-Mines Division,"
and Respondent Exhibit No. 4, entitled "List of Employees on Payroll-Smelter Division."
10 Respondent Exhibit Nos. 6 and 7.
DECISIONS AND ORDERS 633
a single exception , to explain their failure to include employees who
appeared on the Company 's lists, nor did the Company attack any
names advanced by the Craft Unions. The exception is as follows :
The Company 's lists include the names of two employees under the
heading, "Carpenter' s Helper". One of these is listed on the pay roll
as an oiler . The witness for the Carpenters testified that his union
admitted to membership carpenters and apprentices, but not helpers,
and this position is supported by the provisions of the Constitution-
and Laws of the United Brotherhood of Carpenters and Joiners of
America. Since the Company did not object, and the helpers did not
appear and make known their wishes , we find that Homer Crockett and
Rudolph J. Svob, each classified as Carpenter's Helper on the Com-
pany's lists of craftsmen , should be excluded from the bargaining
unit for carpenters and apprentices . With this exception, in the
absence of express controversy , supported by evidence on both sides,
we conclude that all workers claimed, by either the Craft Unions or
the Company , to fall within the various crafts, should be included in
their respective bargaining units . These names are listed on Appen-
dices A, B, C, and D, which are attached to this Decision.
The Craft Unions, apparently in the belief that the names read
into the record did not exhaust all those who should properly be re-
garded as members • of the crafts , expressed a desire that the unit em-
brace all workers falling under the appropriate job classifications.
Thus, the I. B. E. W . requested the inclusion of all persons classified
on the pay roll as electricians , armature winders, electrician jigger
bosses, electrician helpers, electrician apprentices , metermen, and
meterman apprentices . The I . A. M. desired to include within the
unit employees classified on the pay roll as, or performing the work
of, machinists , jigger boss machinists , machinist apprentices , machin-
ist helpers , tool makers , special machinists , drill press operators, mill
machinists , mine machinists , and smelter machinists . The Boiler-
makers requested the inclusion of persons classified on the pay roll as,
or performing the work of , boilermakers , boilermaker helpers, boiler-
maker apprentices , special boilermakers , boilermaker jigger bosses,
welders, boiler shop punchmen , mill boilermakers , and boiler shop
layer-out. The Carpenters desired to include all carpenters and car-
penter apprentices." There was no effort on the part of the Company
to show that persons listed under these classifications or performing
the functions indicated , should be excluded from the appropriate
craft units . Moreover , we see no reason to exclude from the appro-
priate units persons employed as craftsmen , merely because they
appear under a different classification on the pay roll. We conclude
11 The Boilermakers and the Carpenters did not express their desires , in this respect,
as clearly as did the other two locals, but we think the entire testimony of the witnesses
for the Boilermakers and the Carpenters points to our conclusion
634 NATIONAL LABOR RELATIONS BOARD
that the definitions of the various units should be sufficiently flexible
to include the workers falling within the classifications, or performing
the work, outlined in this paragraph.
The I. B. E. W. desired to exclude from its unit certain classes of
employees who worked with electrical equipment, such as radio men,
refrigerator men, switchboard operators, crane men, and generator
attendants. It was doubtful, according to its witnesses, whether the
•local union had jurisdiction over any of these, with the exception of
the switchboard operators. The recording secretary of the I.- B.
E. W. testified that the switchboard operators were eligible to mem-
bership, but that his union did not desire to represent them. Al-
though counsel for the Company questioned the witness as to his
reasons for excluding the switchboard operators, as well as the other
classes of employees, the record fails to show any request by the
Company for their inclusion in the unit. None of the employees in
question appeared at the hearing to ask that the unit be defined to
embrace them. The exclusions are consistent with the desire of the
I. B. E. W. to represent all workers engaged in the installation and
maintenance of electrical equipment at the United Verde Branch.
We conclude that the employees considered in this paragraph should
be excluded from the bargaining unit appropriate for electricians.
We find -that all persons employed by the Company at its United
Verde Branch, located at Jerome and Clarkdale, Arizona, as ma-
chinists, jigger boss machinists, machinist apprentices, machinist
helpers, tool makers, special machinists, drill press operators, mill
machinists, mine machinists and smelter machinists, including those
whose names appear on Appendix A, attached hereto, constitute a
unit appropriate for the purposes of collective bargaining.
We find that all persons employed by the Company at its United
Verde Branch, located at Jerome and Clarkdale, Arizona, as boiler-
makers, boilermaker helpers, boilermaker apprentices, special
boilermakers, boilermaker jigger bosses, welders, boiler shop punch-
men, mill boilermakers and boiler shop layer-out, including those
whose names appear on Appendix B, attached hereto, constitute a
unit' appropriate for the purposes of collective bargaining.
We find that all persons employed by the Company at its United
Verde Branch, located at Jerome and Clarkdale, Arizona, as elec-
tricians, armature winders, electrician jigger bosses, electrician help-
ers, electrician apprentices, metermen and meterman apprentices, in-
cluding those whose names appear on Appendix C, attached hereto,
but excluding all persons employed as radio men, refrigerator men,
switchboard operators, crane men, and generator attendants, con-
stitute a unit appropriate for the purposes of collective bargaining.
We find that all persons employed by the Company at its United
Verde Branch, located at Jerome and Clarkdale, Arizona, as car-
DECISIONS AND ORDERS 635
penters and carpenter apprentices, including those employees whose
names appear on Appendix D, attached hereto, but excluding car-
penter helpers, constitute a unit appropriate for the purposes of
collective bargaining.
We find that these units will insure to employees of the Company
at its United Verde Branch, located at Jerome and Clarkdale, Ari-
zona, the full benefit of their right to self-organization and to col-
lective bargaining and will otherwise effectuate the policies of the
Act.
VI. THE DETERMINATION OF REPRESENTATIVES
. At the hearing the Craft Unions did not introduce membership
cards. The recording secretary or financial secretary of each union
read into the record the names of those employees claimed by the
witness to be members of his union. The number of union members
thus named constituted a majority of the employees in the bargain-
ing unit described by the witness. The membership claims of the
Craft Unions were not contradicted by the Company. But the
units herein defined as appropriate will probably embrace, in the case
of each craft, a number of employees not specifically mentioned by
the Craft Union witnesses. We are not convinced, therefore, that
any of the Craft Unions has made a clear showing that it represents
a majority in its respective unit. The questions concerning represen-
tation which have arisen can best be resolved by means of elections
by secret ballot.
We come finally to the selection of a date for determining eligi-
bility to vote. Both the Craft Unions and the Company selected
the names of craftsmen from the Mine Division and Smelter Divi-
sion pay rolls dated January 8,1938. 12 Although prior to that date,
and since the,time the petitions were filed, the Company had laid
off a number of employees, both parties were evidently in accord
upon the suitability of the January 8 pay rolls. We conclude that
all employees embraced in the bargaining units herein defined, whose
names appear on the pay rolls for the Mine Division and Smelter
Division, United Verde Branch, dated January 8, 1938, shall be
eligible to vote, excluding those who have since quit or been dis-
charged for cause.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. Questions affecting commerce have arisen concerning the repre-
sentation-of--employees, of -Phelps -Dodge Corporation at, its., United
Verde Branch, Jerome and Clarkdale, Arizona, within the meaning
12 Respondent Exhibit Nos. 2 and 4
636 NATIONAL LABOR RELATIONS BOARD
of Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
2. (a) All persons employed by the Company at its United Verde
Branch, Jerome and Clarkdale, Arizona, as machinists, jigger boss
machinists, machinist apprentices, machinist helpers, tool makers,
special machinists, drill press operators, mill machinists, mine ma-
chinists and smelter machinists, including those whose names appear
on Appendix A, attached hereto, constitute a unit appropriate for
the purposes of collective bargaining, within the meaning of Section
9 (b) of the National Labor Relations Act.
(b) All persons employed by the Company at its United Verde
Branch as boilermakers, boilermaker helpers, boilermaker appren=
tices, special boilermakers, boilermaker jigger bosses, welders, boiler
shop punchmen, mill boilermakers and boiler shop layer-out, including
those whose names appear on Appendix B, attached hereto, con-
stitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the National Labor Relations
Act.
(c) All persons employed by the Company at its United Verde
Branch as electricians, electrician helpers, electrician apprentices,
armature winders, electrician jigger bosses, metermen and meterman
apprentices, including those whose names appear on Appendix C,
attached hereto, but excluding all persons employed as radio men,
refrigerator men, switchboard operators, crane men, and generator
attendants, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the National
Labor Relations Act.
(d) All persons employed by the Company at its United Verde
Branch as carpenters and carpenter apprentices, including those
whose names appear on Appendix D, attached hereto,'but excluding
carpenter helpers, constitute a unit appropriate for the purposes of
collective bargaining, within the meaning of Section 9 (b) of-the Na'
tional Labor Relations Act.
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 Re-
lations Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 1, as amended, it
is hereby
DIRECTED that, as part'of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Phelps Dodge Corporation, United Verde Branch, Jerome and
Clarkdale, Arizona, elections by secret ballot shall' be conducted
DECISIONS AND ORDERS 637
within thirty (30) days from the date of this Direction, under the
direction and supervision of the Regional Director for the Twenty-
first 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
a. All persons employed as machinists, jigger boss machinists, ma-
chinist apprentices, machinist helpers, tool makers, special machinists,
drill press operators, mill machinists, mine machinists and smelter
machinists, whose names appear on the pay rolls for the Mine Divi-
sion and the Smelter Division dated January 8, 1938, including those
whose names appear on Appendix A, attached hereto, but excluding
those employees who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by Inter-
national Association of Machinists, Local No. 223, affiliated with
the American Federation of Labor, for the purposes of collective
bargaining ;
b. All persons employed as boilermakers, boilermaker helpers, boil-
ermaker apprentices, special boilermakers, boilermaker jigger bosses,
welders, boiler shop punchmen, mill boilermakers and boiler shop
layer-out, whose names appear on the pay rolls for the Mine Division
and'the Smelter Division dated January 8, 1938, including those whose
names appear on Appendix B, attached hereto, but excluding those
employees who have since quit or"been discharged for cause, to de-
termine whether or not they desire to be represented by International
Brotherhood of Boilermakers, Iron Ship Builders, Welders and Help-
ers of American, Local No. 406, affiliated with the American Federa-
tion of Labor, for the purposes of collective bargaining;
c. All persons employed as electricians, electrician helpers, elec-
trician apprentices, armature winders, electrician jigger bosses, meter-
men and meterman apprentices, whose names appear on the pay rolls
for the Mine Division and the Smelter Division dated January 8,
1938, including those whose names appear on Appendix C, attached
hereto, but excluding all persons employed as radio men, refrigerator
men, switchboard operators, crane men, and generator attendants, and
those employees who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by Interna-
tional Brotherhood of Electrical Workers, Local No. B657, affiliated
with the American Federation of Labor, for the purposes of collective
bargaining; and
d. All persons employed as carpenters and carpenter apprentices,
whose names appear on the pay rolls for the Mine Division and the
Smelter Division dated January 8, 1938, including those whose names
appear on Appendix D, attached hereto, but excluding carpenter
helpers and those employees who have since quit or been discharged
for cause, to determine whether or not they desire to be represented
638 NATIONAL LABOR RELATIONS BOARD
by United Brotherhood of Carpenters and Joiners of America, Local
No. 1061, affiliated with the American Federation of Labor, for the
purposes of collective bargaining.,
APPENDIX A
Myron L. Scott________________ Machinist.
E. R. Meinhold________________ Machinist.
G. W. Williams---------------- Special Machinist.
Silas M. Gibson ---------------- Machinist.
Jas. Cyra______________________ Machinist.
Walter S. Goldthwaite---------- Machinist.
George G. Doty________________ Machinist.
R. E. Blackburn --------------- Machinist.
Reuben Pamagua______________ Machinist.
F. J. Reilly____________________ Machinist.
Michael J. Blazina_____________ Machinist helper.
J. L. Harrington -------------- . Machinist helper.
James I. Bates________________ Machinist helper.
John S. Medigovich------------ Machinist helper.
Dan Richie------------- _----- Machinist helper (Classified on the
pay roll as "Crane Operator").
-Gordon J. Harrington--------- Machinist helper.
Ralph E. Denison -------------- Machinist apprentice.
W. J. Cureton_________________ Machinist apprentice.
Robert E. Riordan____________ Machinist apprentice.
John M. Radetich-------------- Machinist tool maker.
R. N. Morell lg_________________ Drill press operator.
Lance C. Baring_______________ Jigger machinist (Classified on the
pay roll as;"Truck Shop jigger").
E. B. McLellen ._______________ Jigger boss machinist (Classified on
the pay roll as "Jigger Boss").
Manuel S. Franquero___________
A. Casteneda__________________
Frank Franquero______________
William Jennings_____________ Machinist.
C. T. Magill___________________ Machinist.
D. E. Wombacher-------------- Machinist.
John F. Lindner_______________ Machinist.
Harry R. Keller_______________ Machinist.
M. K. Fisher__________________ Machinist.
J. H. Stout____________________ Machinist.
D. It Jones___________________ Machinist.
Is The name given by the witness was N. R. Morell.
DECISIONS AND ORDERS 639
Roland Hampton______________ Machinist helper (Classified on the
pay roll as "P. H. Mach. Helper").
Alvin Fuller__________________ Machinist helper (Classified on the
pay roll as "Conc. Hdy. Man").
Novian E. Anderson ------------ Machinist helper.
Jim Hunt____________________ Machinist helper.
Walter L. Wedg*orth_________ Machinist helper.
Jack Sullivan----------------- Machinist apprentice.
James Magill__________________ Machinist apprentice.
A. T. Brose___________________ Mill machinist.
Charles Anderson_____________ Jigger machinist (Classified on the
pay roll as "Cone. Jigger Mach.").
J. A. Magill___________________ Machinist (Classified on the pay roll
as "P. H. Mach.").
Clarence Smith________________
Lorenzo Lopez -----------------
APPENDIX B
Dulhe M. Petty--- ------------- Boilermaker.
Charles Harrison-------------- Boilermaker.
Walter J. Clark_______________ Special boilermaker.
A. W. Griffin__________ ________ Boilermaker jigger boss.
H. R. Petty----------- -------- Special boilermaker.
George B. Evans_______ _______ Boilermaker.
James B. Tissaw_______________ Boilermaker.
Philip W. Crookham___________ Boilermaker.
L. J. Brostrom ________________ Boilermaker.
M. F. Gay --------------------- Boilermaker.
B. B. Marta_________ __________ Boilermaker.
J. H. Achilles_________________ Boilermaker helper.
W. L. Hogan_________ _________ Boilermaker helper.
D. J. Murphy_________________ _ Boilermaker apprentice ( Classified
as boilermaker helper on the pay
roll).
F. 0. Andrews________________ Boilermaker apprentice.
D. D. Gilbert__________________ Boilermaker apprentice.
Victor Svob___________________ Boilermaker apprentice.
Charles Cutler_________________ Boilermaker ( Classified on the
pay roll as "Shaft Timberman").
L. H. Rea____ _________________ Boilermaker.
Thomas Sherman______________ Welder.
Charles C. Goodrich----------- Welder.
Miguel R. Sanchez, Jr---------- Boilermaker.
Tim Harrington_______________ Welder.
640 NATIONAL LABOR RELATIONS BOARD
D. L. Robinson, Jr ------- ------ o Boiler shop layer-out.
George W. Rupe--------------- Boilermaker.
Frank Abbott, Sr--------------- Boilermaker.
M. E. Wellington------- ------ Boilermaker helper.
Andy Black ---------------- ---- Boilermaker helper.
Mike Krmpotich----------------- Boilermaker helper (Classified on
the pay roll as "B. M. Hdyman").
Dewey Balen---------------- --- Boilermaker helper.
John'O'Brien------------------- Boiler shop punchman.
B. P. Pittman----------------- Mill boilermaker.
Lee Hall -- ----------------------- Boilermaker apprentice.
Frank Abbott, Jr-------------- Boilermaker apprentice.
Joe Derrick------------------- Welder (Classified on the pay roll
as "Temp. Const. Welder").
APPENDIX C
Joseph I. Crawley------------- Armature winder.
R. G. Cartmell---------------- Electrician jigger boss.
Thomas P. Geary-------------- Electrician.
L. J. Bonar------------------- Electrician.
J. P. Pecharich--------------- Electrician.
S. P. Henderson--------------- Electrician jigger boss.
C. W. Wykoff----------------- Electrician.
D. Cole----------------------- Electrician.
L. F. Sullivan----------------- Electrician.
P. N. Hatch------------------ Electrician helper.
J. L. Sullivan----------------- Electrician apprentice.
J. R. Henson------------------ Electrician apprentice.
Jess Hudson------------------ Electrician.
J. F. Maneth------------------ Electrician.
R. W. Alexander,--------------
A. J. D. Moodie --------------.
R. A. Clark-------------------
O. F. Luepke-----------------. Electrician jigger boss.
Gerald B. Cookson ------------ Electrician.
Fred W. Wilgus-------------- Meterman.
S. W. Vidler------------------ Electrician.
R. A. Dugger----------------- Electrician.
Joseph Dugan ----------------- Electrician.
C. Frank Spooner------------- Electrician.
Leonard Conner--------------. Electrician.
Harry Kinsey----------------- Armature winder.
R. A. Spooner---------------- Electrician helper.
C. H. Dearing----------------- Electrician helper.
DECISIONS AND ORDERS
Marion S. Morris_____________ Meterman apprentice.
William Nash ----------------- Electrician apprentice.
J. W. Eagar__________________ Electrician apprentice.
W. J. Johnston________________
APPENDIX D
Joe H. Mayagoitia____________ Carpenter.
L. C. Beltz___________________ Carpenter.
0.'A. Haydon----------------- Carpenter.
Mihal Amersek________________
Homer Stillwell_______________ Carpenter.
Albert Sloper_________________ Carpenter.
Joel Willard__________________ Carpenter.
C. C. Markham ----------------- Carpenter.
Thomas Westfall-------------- Carpenter apprentice.
641