Phelps Dodge Corp.

National Labor Relations Board - Board Decisions

Aug 23, 1941

34 N.L.R.B. 846 (N.L.R.B. 1941)

In the Matter of PHELPS DODGE CORPORATION, COPPER QUEEN BRANCH,
SMELTER DIVISION and INTERNATIONAL BROTHERHOOD OF ELECTRICAL
WORKERS, LOCAL No. B-434
In the Matter Of PHELPS DODGE CORPORATION, COPPER QUEEN BRANCH,
SMELTER DIVISION and INTERNATIONAL ASSOCIATION OF MACHINISTS
In the Matter of PHELPS DODGE CORPORATION, COPPER QUEEN BRANCH,
SMELTER DIVISION and INTERNATIONAL UNION OF MINE, MILL AND
SMELTER WORKERS , LOCAL #470
In the Matter of PHELPS DODGE CORPORATION, COPPER QUEEN BRANCH,
SMELTER DIVISION and UNITED ASSOCIATION OF JOURNEYMEN PLUMB-
ERS & STEAM FITTERS OF UNITED STATES AND CANADA, LOCAL 284
In the Matter Of PHELPS DODGE CORPORATION, COPPER QUEEN BRANCH,
SMELTER DIVISION and INTERNATIONAL BROTHERHOOD OF BOILER-
MAKERS, IRON SHIP BUILDERS, WELDERS AND HELPERS OF AMERICA,
LOCAL 362
Cases Nos. R-2732 to R-2736 inclusive-Decided August 23, 1941
Jurisdiction : copper refining industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition to any organization until certified by the Board ;
elections necessary.
Units Appropriate for Collective Bargaining : industrial or several craft units:
determining factor desires of employees ; determination of, dependent upon
elections.
Mr. Paul S. Kueltltau, for the Board.
Mr. William A. Evans, of Phoenix, Ariz., for the Company.
Mrs. John W. Porter, of Littleton, Colo., and Mr. Jess J. Nichols
and Mr. Orville Larson, of Douglas, Ariz., for the Mine Workers.
Mr. Charles L. Thomas, of San Francisco, Calif., for the I. B. E. W.
Mr. C. L. Bentley, of San Diego, Calif.,.for the I. A. M.
Mr. Paul M. Peterson, of Douglas, Ariz., for the Steam Fitters.
Mr. W. D. Taylor, of Kansas City, Kansas, for the Boiler Makers.
Mr. Paul M. Peterson and Mr. E. C. DeBaca, of Douglas, Ariz.,
for the A. F. L. Unions.
Mr. Raymond J. Compton, of counsel to the Board.
34 N. L. R. B., No. 103.
846
PHELPS DODGE CORPORATION
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
847
On March 10, 1941, International Brotherhood of Electrical
Workers, Local No. B-434, herein called the I. B. E. W., filed with
the Regional Director for the Twenty-second Region (Denver, Col-
orado) a petition alleging that a question affecting commerce had
arisen concerning the representation of employees of Phelps Dodge
Corporation, Copper Queen Branch, Smelter Division, Douglas, Ari-
zona,l herein called the Company, and requesting an investigation
and certification of representatives pursuant to Section 9 (c) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.
Petitions were also filed on April 1, 1941, by International Associa-
tion of Machinists, herein called the I. A. M.; on April 15, 1941, by
International Union of Mine, Mill and Smelter Workers, Local #470,
herein called the Mine Workers; 2 on April 29, 1941, by United
Association of Journeymen Plumbers & Steam Fitters of United
States and Canada, Local 284, herein called the Steam Fitters, and on
April 29, 1941, by International Brotherhood of Boilermakers, Iron
Ship Builders, Welders and Helpers of America, Local 362, herein
called the Boilermakers." On June 13, 1941, the National Labor Rela-
tions 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 2, as amended, ordered an in-
vestigation in each case and authorized the Regional Director to con-
duct it and to provide for an appropriate hearing upon due notice, and
acting pursuant to Article III, Section 10 (c) (2), of said Rules and
Regulations, further ordered that the aforesaid five cases be con-
solidated.
On July 2, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the Mine
Workers, and upon the I. B. E. W., the I. A. M., the Steam Fitters,
and the Boilermakers, herein collectively called the Craft Unions.
Pursuant to the notice, a hearing was held from July 14 to 16, 1941,
inclusive, at Douglas, Arizona, before George O. Pratt, the Chief
3 At the hearing the formal papers were amended to designate the Company as set forth
above.
2 Amended petitions were filed by the Mine Workers on May 23 and June 21, 1941,
respectively.
8 An amended petition was filed by the Boilermakers on June 25, 1941.
848 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Trial Examiner. During the hearing, Smelter Workers Union No.
22663, affiliated with the American Federation of Labor, herein
called the S. W. U., a labor organization claiming to represent em-
ployees directly affected by the investigation, moved to intervene in
the proceeding and requested that it be named on any ballot sub-
mitted to employees of the Company in connection with this in-
vestigation. The Trial Examiner granted the motion. The ruling is
hereby affirmed. The Company and all the unions were represented
and participated in the hearing. Full opportunity to be heard, to
examine and 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 rulings on various motions and
on objections to the admission of evidence. The Board has reviewed
the rulings of the Trial Examiner and finds that no prejudicial errors
were committed. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Phelps Dodge Corporation, a New York corporation, is engaged in
the mining, refining, and fabrication of copper. It wholly owns nu-
merous subsidiary mining,- copper-refining, copper-fabricating, pub-
lic-utility, mercantile, railroad, and other companies in Mexico, New
York, New Jersey, Indiana, California, New Mexico, Texas, and Ari-
zona. Directly and through subsidiaries, the Company also owns ex-
tensive mining properties in Mexico and Arizona, and smelting prop-
erties in Arizona, including the Douglas plant, the only plant with
which this proceeding is concerned. At its Douglas plant, known as
the Copper Queen Branch, Smelter Division, the Company is en-
gaged in the treating of ores and concentrates and the manufacture
of sulphuric acid. In the year 1940, of the tonnage received for
treatment at the Douglas plant, 97.05 per cent came from within the
State of Arizona, 2.94 per cent from Mexico, and .01 per cent from the
State of New Mexico. The respondent received 4,529,390,000 cubic
feet of natural gas from Jal, New Mexico, for use in connection with
the operation of the Douglas plant during 1940. During the same
period, the Douglas plant produced 125,195 tons of copper bullion, all
of which was shipped to points outside the State of Arizona. The
Company employs approximately 750 production and maintenance
employees at its Douglas plant.
PHELPS DODGE CORPORATION
II. THE ORGANIZATIONS INVOLVED
849
International Brotherhood of Electrical Workers, Local No. B-434,
is a labor organization affiliated with the American Federation of
Labor, admitting to membership employees at the Douglas plant of
the Company.
International Association of Machinists, Lodge No. 5596, is a labor
organization affiliated with the American Federation of Labor, ad-
mitting to membership employees at the Douglas plant of the
Company.
International Uriion of Mine, Mill and Smelter Workers, Local
#470, is a labor organization affiliated with the Congress of Indus-
trial Organizations, admitting to membership employees at the
Douglas plant of the Company.
United Association of- Journeymen Plumbers & Steam Fitters of
the United States and Canada, Local 284, is a labor organization
affiliated with the American Federation of Labor, admitting to mem-
bership employees at the Douglas plant of the Company.
International Brotherhood of Boilermakers, Iron Ship Builders,
Welders and Helpers of America, Local 362, is a labor organization
affiliated with the American Federation of Labor, admitting to mem-
bership employees at the Douglas plant of the Company.
Smelter Workers Union No. 22663 is a labor organization affiliated
with the American Federation of Labor, admitting to membership
employees at the Douglas plant of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
In March 1941 the Mine Workers began a drive to organize the
employees of the Company. The I. B. E. W. and the S. W. U. like-
wise began to organize in March 1941, and the I. A. M., the Boiler-
makers, and the Steam Fitters, in April 1941. Shortly thereafter, all
the foregoing unions, with the exception of the S. W. U., requested
and were denied recognition by the Company as the bargaining
representatives of the employees within the respective units each
claims to be appropriate.
From a statement prepared by the Regional Director and introduced
in evidence, and from statements made at the hearing by the Trial
Examiner and counsel for the Board following their examination of
a petition and membership application cards submitted by the various
unions involved, it appears that the Mine Workers and the A. F. L.
850 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
unions represent a substantial number of employees within the
respective units they claim to be appropriate.4
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION
UPON COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Mine Workers contends that a unit composed of all production
and maintenance employees, including rustlers and contractors, but
excluding supervisory, clerical, technical, and hospital employees, and
watchmen, is appropriate for the purposes of collective bargaining.
The S. W. U. likewise contends that an industrial unit is appropriate,
but would exclude rustlers, foremen, supervisory employees having
authority to hire and discharge, and employees included within the
units sought by the Craft Unions. The I. B. E. W. claims that the
powerhouse operators, including second engineers, oilers and wipers,
construction and maintenance electricians, helpers and assistants, con-
* The Mine workers submitted 503 application cards , all but one of which were dated
in 1941. All the cards appeared to bear genuine signatures , and 453 of them bore names
of employees listed on the Company's pay roll of April 22, 1941. The difficulty in read-
ing the signatures and the similarity in names on 46 of the cards made it impossible to
ascertain whether or not they were listed on the pay roll. There are approximately 750
employees in the unit claimed to be appropriate by the Mine Workers The S. W. U. sub-
mitted 95 membership cards signed in April and May 1941, and a petition signed by 33
additional employees in June and July 1941. 26 of the names appearing on the cards
and the petition were duplicates All the remaining 102 signatures appeared to be genuine,
and 85 of the names were listed on the pay roll of April 22, 1941. There are approxi-
mately 650 employees in the unit claimed to be appropriate by the S. W. U. The I. B.
E. W. submitted 33 cards, of which 32 were signed in April and May 1941; 1 was undated.
All the cards appeared to bear genuine signatures , and 32 of them bore names of em-
ployees listed on the pay roll of April 22, 1941. There are approximately 30 employees
in the unit claimed to be appropriate by the I. B. E W. The I. A. M. submitted 11 cards
dated April 29, 1941, all of which appeared to bear genuine signatures of employees
listed on the pay roll of April 22, 1941. There are approximately 16 employees in the
unit claimed to be appropriate by the I. A. M. The Boilermakers submitted 11 authoriza-
tion cards , all of which were signed in May 1941 and appeared to bear genuine signatures
of employees listed on the pay roll of April 22, 1941. There are approximately 19 em-
ployees in the unit claimed to be appropriate by the Boilermakers . The Steam Fitters
submitted 14 cards signed between April and July 1941 All the cards appeared to bear
genuine signatures , and 12 of them bore names of employees listed on the pay roll of
April 22, 1941. There are approximately 19 employees in the unit claimed to be appro-
priate by the Steam Fitters.
PHELPS DODGE CORPORATION 851
stitute a separate unit appropriate for collective bargaining purposes.
The I. A. M. desires a unit composed of machinists, apprentices, and
helpers employed in the machine shop; the Steam Fitters, a unit com-
posed of pipe fitters and helpers, steam fitters and helpers, plumbers
and helpers; and the Boilermakers, a unit composed of boilermakers,
welders, and helpers employed in the boiler shop. The Craft Unions
would exclude from their respective units rustlers, foremen, and
supervisory employees having authority to hire and discharge.
The electricians, the machinists, the fitters and plumbers, and the
boilermakers, respectively, form definite and recognized crafts. On
the other hand, evidence was introduced showing the integrated char-
acter of the Company's operations and the appropriateness of an
industrial unit including the foregoing craft groups. Under these
circumstances we are of the opinion that the electricians, the machin-
ists, the fitters and plumbers, and the boilermakers, respectively, might
properly constitute separate bargaining units, or they might function
as part of a single industrial unit. In this situation we find that the
determining factor should be the desires of the employees in these
groups themselves.5
There remains for consideration the specific composition of the
several groups.
The S. W. U. would exclude only foremen and supervisory em-
ployees having authority to hire and discharge. The Mine Workers,
however, would also exclude from the industrial unit Julian A.
Vargas, Heliodoro R. Valdez, Albert L. Aaron, Jose B. Hernandez,
and Robert McGinty, minor supervisory employees, who, it contends,
devote their entire time to the performance of supervisory duties.
The evidence shows, however, that Vargas and Valdez, who are em-
ployed as "jigger bosses" and have from 2 to 20 men under their
supervision, are engaged approximately 25 per cent of the time in
actual work. Aaron, who is listed on the pay roll as a converter drill-
man, both assists and supervises 5 employees in the repairing of con-
verters; approximately 75 per cent of his time is spent in the perform-
ance of his supervisory duties. Hernandez, whose supervisory duties
are similar to those of Vargas and Valdez, is in charge of the "bull
gang" whose members unload all heavy materials and install heavy
equipment. McGinty has duties similar to those of reclaimer oper-
ators, who are included within the unit. The supervisory duties of
the foregoing employees differ very little from those of 10 other work-
ing supervisors who, like the 5 'in question, have only the authority
to recommend dismissal. Since the Mine Workers would include
5 Matter of the Globe Machine and Stamping Co. and Metal Polishers Union Local No 3;
International Association of Machinists, District No. 54; Federal Labor Union 18788, and
United Automobile Workers of America, 3 N . L R. B. 294, and subsequent cases.
852 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
these 10 employees, we see no reason for excluding Vargas, Valdez,
Aaron; Hernandez, and McGinty, who perform similar duties.
Accordingly we shall include them in the unit.
The Mine Workers- desire the exclusion of hospital employees and
watchmen; the S. W. U. would include them. Because watchmen
have interests and perform functions differing from those of other
employees, we have excluded them from the appropriate unit in pre-
vious cases involving a similar dispute as to their inclusions It is
also apparent that the duties and interests of hospital employees like-
wise differ from those of production and maintenance employees. We
shall exclude them from the unit herein.7
The S. W. U. and the Craft Unions, who contend that rustlers
are not employees of the Company, desire their exclusion from the
units they claim to be appropriate, whereas the Mine Workers request
their inclusion. The evidence shows that rustlers constitute a reserve
supply of labor which is utilized by the Company to meet operation
needs when regular employees are absent because of illness or for
some other reason, and to take care of additional labor requirements
caused by the lack of regularity in certain production processes. As
of June 28, 1941, there were approximately 110 rustlers listed on the
pay roll of the Company to whom no regular position had been
assigned, but to whom the Company had issued rustling cards per-
mitting them to go anywhere in the plant in search of whatever
extra work the various foremen might have available. Rustlers are
required to "punch in" daily, and if they fail to report for work
over a period long enough to indicate a lack of interest in obtaining
employment, their rustling permits are rescinded and their names
removed from the pay roll. The Company, however, has set no
definite time limit on the number of days a rustler may fail to report
to work before revoking his permit. Rustlers are entitled to Work-
men's Compensation and hospitalization while actually employed,
and to annual vacations if they meet the general requirement, appli-
cable to all employees, of having worked at least 240 days during the
year. Approximately 10 per cent of the rustlers receive sufficient
employment to entitle them to vacations, and the remainder work
more than half of the time during the course of a month. Rustlers
are usually not skilled workers, since the latter are almost always
6 Matter of Lincoln Engineering Company and Tool & Die Makers Lodge 688 of the Inter-
national Association of Machinists, Progressive Lodge 41 of the International Association of
Machinists, District No. 9, and International Union, United Automobile Workers of America,
Local No. 691, 25 N L. R. B. 1083, and cases cited therein.
I Matter of Westinghouse Airbrake Company and United Electric and Radio Workers of
America, Railway Equipment Workers Local No. 610, 4 N. L. R B. 403, 409; Matter of the
Colorado Fuel & Iron Corporation and Steel Workers Organizing Committee , 29 N. L. R. B.
541.
PHELPS DODGE CORPORATION 853
hired directly for existing vacancies . Whenever vacancies occur in
permanent or regular positions, however, rustlers having the neces-
sary qualifications are given the first opportunity to fill them. When
regular employees are laid off due to a decrease in production, they
are privileged to become rustlers, and if the rustling personnel is
too greatly increased by the lay-off, those rustlers having the least
seniority are dropped -from the pay roll. The Company assigns
regular pay-roll numbers to the rustlers and considers them to be
employees of the Company so long as they have rustling cards. In
view of the foregoing, we find that rustlers constitute an integral
part of the labor used by the Company. We shall include them in
the unit.8
The Mine Workers specifically requests the inclusion of contractors
who are employed by the Company to unload ore and concentrates
received at the plant in dump cars. The S. W. U. expressed no
desire with respect to their inclusion or exclusion. The evidence
shows that contractors are -so designated because they are paid
according to the number of cars they unload, a specified sum for
each car being ' paid by the Company and divided equally among
those participating in the unloading. Two contractor crews of 5
men each, employed in unloading concentrates work 6 days a week,
and the remaining contractors who unload ore work 4 or 5 days a
week. The contractors are notified the day before they are to report
for work, and must report at 8: 45 the following morning and remain
at work as long as directed by the Company's foreman. Although
they do not receive vacations as do the rustlers and other employees,
they are assigned regular pay-roll numbers and receive Social Secur-
ity benefits. We find that the contractors are employees of the
Company and shall include them within the unit.9
The I. A. M. would also include within the machinists' unit Ben
Holtane, Jr., and Marion Blevins, who are employed in the machine
shop and listed on the pay roll as handymen. It appears that both
Holtane and Blevins operate drill presses. Since their work is
similar and closely related to that of the machinists, we shall include
them within the unit.
The Steam Fitters would include within the unit it claims to be
appropriate Thomas A. Hoag, William Stocks, Fred L. Ferre, and
Manuel E. Faria, employed in the acid plant as leadburners, and
William C. Huish, employed in the acid plant as a repairman. The
8 Cf Matter of B. Hoberman and Amalgamated Meat Cutters and Butcher Workmen of
North America, Local No. 195, affiliated with the American Federation of Labor, 30 N L.
R B. 1241.
9 See Matter of Seattle Post-Intelligencer, Department of Hearst Publications, Inc. and
Seattle Newspaper Guild, Local No. 82, 9 N. L. R. B. 1262, 1272-1275.
451269-42-voI 34-55
854 DECISIONS OF NATIONAL .LABOR RELATIONS BOARD
Steam Fitters bases its claim to jurisdiction over these employees
upon the fact that all of them are engaged in pipe work. While the
leadburners make lead pipes, they also work on sheet lead as well
and do their own welding, whereas the work of the pipe fitters is
usually confined to the threading, cutting, and connecting of pipes.
Hoag, Stocks, and Ferre, the leadburners above referred to, all testi-
fied-that leadburning was a separate craft having no similarity to
pipe fitting. None of the leadburners employed in the acid plant are
members of the Steam Fitters. With respect to Huish, the repairman
in the acid plant, Stewart Carpenter, the general plant foreman,
testified that he did not know the exact type of work performed by
Huish, and other than the claims made by the Steam Fitters there is
no evidence with respect to his duties. James C. Jones, whom the
Steam Fitters would exclude, is also listed on the pay roll as a repair-
man in the acid plant and no evidence was introduced to show where-
in his duties differ from those allegedly performed by Huish. In
view of the foregoing, we shall exclude these employees from the
fitters' and plumbers' unit.
We shall, therefore, order elections among the employees of the
Company at its Douglas plant within the groups described below :
(a) Powerhouse operators, including second engineers, oilers and
wipers, construction and maintenance electricians, helpers and assist-
ants, including rustlers, but excluding foremen and supervisory em-
ployees having authority to hire and discharge, to determine whether
they desire to be represented by the I. B. E._ W. or the Mine Workers
for the purposes of collective bargaining,,or by neither;
(b) Machinists, apprentices, helpers, and handymen employed in
the machine shop, including rustlers, but excluding foremen and
supervisory employees having authority to hire and discharge, to
determine whether they desire to be represented by the I. A. M. or
the Mine Workers for the purposes of collective bargaining, or by
neither ;
(c) Pipe fitters and helpers, steam fitters and helpers, plumbers
and helpers, including rustlers, but excluding foremen, supervisory
employees having authority to hire and discharge, and leadburners
and repairmen in the acid plant, to determine whether they desire to
be represented by the Steam Fitters or the Mine Workers for the
purposes of collective bargaining, or by neither;
(d) Boilermakers, welders, and helpers employed in the boiler
shop, including rustlers, but excluding foremen and supervisory em-
ployees with authority to hire and discharge, to determine whether
they desire to be represented by the Boiler Makers or the Mine
Workers for the purposes of collective bargaining, or by neither;
PHELPS DODGE CORPORATION 855
(e) All the remaining production and maintenance employees,
including rustlers and contractors, but excluding supervisory, clerical,
technical, and hospital employees, and watchmen, to determine
whether they desire to be represented by the Mine Workers or the
S. W. U. for the purposes of collective bargaining, or by neither.
As stated above, there will be no final determination of the appro-
priate unit or units pending the results of the elections. Such of the
groups as do nbt choose the Mine Workers will constitute separate
and distinct appropriate units, and such as do choose the Mine
Workers will together constitute a single appropriate unit.
VI. THE DETERMINATION OF REPRESENTATIVES
The Mine Workers requested that the pay roll for April 22, 1941,
be used to determine eligibility to vote. We do not believe, however,
that the position taken by the Mine Workers should cause us to depart
from our usual practice of using a current pay-roll date. The Mine
Workers further requested that only those rustlers who are then
working, have worked recently, or have a reasonable probability of'
immediate and substantial employment,, should be eligible to vote.
Since it appears that at the time of the hearing some of the rustlers
listed on the pay roll of the Company had not worked for some time
and possibly might never return to work, and since the Company has
set no definite time limit as to when a rustler who has not received
or reported for work will be dropped from the pay roll, we shall
direct that the eligibility of rustlers to vote in the election shall be
limited to those who have worked at any time during the, 60 days
immediately preceding July 14, 1941, the date of the hearing herein.
Accordingly, we shall direct that all employees of the Company eli-
gible to vote in the elections shall be those within the alleged appro-
priate units who were employed during the pay-roll period imme-
diately preceding the date of the Direction of Elections, including
rustlers who have worked at any time during the 60 days immediately
preceding July 14, 1941, the date of the hearing herein, subject to
such limitations and additions as are set forth in the Direction.
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
A question- affecting commerce has arisen concerning the represen-
tation of employees of Phelps Dodge Corporation, Copper Queen
Branch, Smelter Division, Douglas, Arizona, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the National Labor Rela-
tions Act.
856 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Rela-
tions 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, Copper Queen Branch, Smelter
Division, Douglas, Arizona, elections by secret ballot shall be con-
ducted 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 those
employees who fall within the groups indicated below who were
employed by the Company at its Douglas plant during the pay-roll
period immediately preceding the date of this Direction of Elec-
tions, including rustlers who have worked at any time during the
60 days immediately preceding July 14, 1941, the date of the hearing
herein, 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, and exclud-
ing employees who have since quit or been discharged for cause :
(a) Powerhouse operators, including second engineers, oilers and
wipers, construction and maintenance electricians, helpers and as-
sistants, excluding foremen and supervisory employees having
authority to hire and discharge, to determine whether they desire
to be represented by International Brotherhood of Electrical Work-
ers, Local No. B-434, or by International Union of Mine, Mill and
Smelter Workers, Local #470, for the purposes of • collective bar-
gaining, or by neither;
(b) Machinists, apprentices, helpers, and handymen, employed in
the machine shop, excluding foremen and supervisory employees
having authority to hire and discharge, to determine whether they
desire to be represented by International Association of Machinists,
Lodge No. 596, or by International Union of Mine, Mill and Smelter
Workers, Local #470, for the purposes of collective bargaining, or
by neither ;
(c) Pipe fitters and helpers, steam fitters and helpers, plumbers
and helpers, excluding foremen, supervisory employees having au-
thority to hire and discharge, and leadburners and repairmen in
the acid plant, to determine whether they desire to be represented
PHELPS DODGE CORPORATION 857
by United Association of Journeymen Plumbers and Steam Fitters
of the United States and Canada, Local 284, or by International
Union of Mine, Mill and Smelter Workers, Local #470, for the
purposes of collective bargaining, or by neither;
(d) Boilermakers, welders, and helpers employed in the boiler
shop, excluding foremen and supervisory employees with authority
to hire and discharge, to determine whether they desire to be repre-
sented by International Brotherhood of Boilermakers, Iron Ship
Builders, Welders and Helpers of America, Local 362, or by inter-
national Union of Mine, Mill and Smelter Workers, Local #470,
for the purposes of collective bargaining, or by neither;
(e) All the remaining production and maintenance employees,
including contractors, but excluding supervisory, clerical, technical
and hospital employees, and watchmen, to determine whether they
desire to be represented by Smelter Workers Union No. 22663, or
by International Union of Mine, Mill and Smelter Workers, Local
#470, for the purposes of collective bargaining, or by neither.
MR. EDWIN S. SMITH took no part in the consideration of the above
Decision and Direction of Elections.