Vermont Copper Co., Inc.

National Labor Relations Board - Board Decisions

Dec 11, 1944

59 N.L.R.B. 853 (N.L.R.B. 1944)

In the Matter Of VERMONT COPPER COMPANY, INC., and DISTRICT 50,
UNITED MINE WORKERS OF AMERICA
Case No. 1-R-131.Decided December 11, 1944.
Mr. Stanley C. Wilson, of Chelsea, Vt., for the Company.
Grant cC Angoff, by Mr. Harold B. Roitnnan, of Boston, Mass., for
the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by District 50, United Mine Workers of
America, herein called the Union, alleging that a question affecting
commerce,had arisen concerning the representation of employees of
Vermont Copper Company, Inc., South Strafford, Vermont, herein
called the Company, the National Labor Relations Board provided for,
an appropriate hearing upon due notice before Robert E. Greene,
Trial Examiner. Said hearing was held at White River Junction,
Vermont, on November 13, 1944. The Company and the Union ap-
peared, participated, and were afforded full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce' evidence
bearing on the issues. The Trial Examiner's rulings made at the
hearing are free from prejudicial error and are hereby affirmed. All
parties were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Vermont Copper Company, Inc., is a Vermont corporation with its'
principal place of business at South Strafford, Vermont, where it is
engaged in the mining and milling of copper ore. The Company
purchases materials valued in excess of $25,000, monthly, approxi,
mately 80 percent of which is shipped to it from points outside the
59 N. L. R. B:, No. 169.
853
854 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
State of Vermont. During the same period the Company ships prod-
ucts valued at about $20,000, to points outside the State of Vermont.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
IT. THE ORGANIZATION INVOLVED
District 50, United Mine Workers of America, is a labor organiza-
tion admitting to membership employees of the Company.
M. THE QUESTION CONCERNING REPRESENTATION
The company refuses to recognize the Union as the exclusive collec-
tive bargaining representative of its employees.
The Company takes the position that no election should be directed
at this time for the reason that in an election conducted on March
23, 1944, a majority of its employees, had voted against representation
by the Union.' Eight months have elapsed since the election. The
record discloses that the Union has membership application cards
bearing the names of a substantial number of the employees. All of
these cards are dated subsequent to the election on March 23, 1944.2
Since no collective bargaining representative was chosen as a result
df that election, and in view of the fact that a substantial number of
the Company's employees appear to have indicated since that elec-
tion a desire for representation by the Union, we believe that the
policies of the Act will best be effectuated by conducting an election
on the present petition.3
We find that a question affecting commerce has arisen concern-
ing the representation of employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the, Act.
IV. THE APPROPRIATE UNIT
The Union urges that all production and maintenance employees."
of the Company, including guards, truck drivers , and bulldozer oper-
ators , but excluding office and clerical employees , the day guard,
master mechanic , draftsmen , engineers , mine and mill superintendents,
mine foremen, boss carpenter , shift bosses , and executives, constitute
an appropriate unit . /The only controversy with respect to the unit
concerns the day guard.
The Company employs one person classified as a day guard. He
is neither armed, uniformed , nor sworn as an auxiliary military
policeman . Prior to his employment with the Company , the day
1 The record shows that 43 employees voted in favor of the Union and 48 against it.
' According to a statement introduced into evidence at the bearing the Union submitted
37 authorization cards. There are approximately 78 employees within the appropriate unit.
2 Matter of New York Central Iron Works , Hagerstown, Maryland, 37 N. L. R. B. 894.
VERMONT COPPER COMPANY, INC. 855
guard was a town deputy sheriff and he has retained his status as
such. The record indicates that he does not exercise any supervisory
duties at the present time and that his duties are those normally per-
formed by a watchman. We shall include him in the unit .4
We find that all production and 'maintenance employees of the
Company, including guards, truck drivers, bulldozer operators, and
the day guard, but excluding office and clerical employees, draftsmen,
engineers , master mechanic, mine and mill superintendents, mine
foremen, shift bosses, boss carpenter, executives, and any other super-
visory employees with authority to hire, promote, discharge, discipline,
or otherwise effect changes in the status of employees, or effectively
recommend such action, constitute a unit appropriate for the pur-
poses of collective bargaining within the meaning of Section 9 (b) of
the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
Election herein, subject to the limitations and additions set forth
in the Direction.
The Company employs 48 persons imported from Newfoundland
under individual contracts approved by the United States War Man-
power Commission. The contracts provide that the employees be
given employment for a specified number of hours. All of the em-
ployment contracts will expire on or before January 25, 1945. The
Company contends that these employees should be deemed ineligible
to vote while the Union urges that they be found eligible to partic-
ipate in the election. The evidence is uncontradicted that the Com-
pany does not intend to retain any of these persons in its employ
after the expiration of their employment contracts. Inasmuch as
the evidence discloses that the employees in question were hired on
a temporary basis and that their employment will terminate in the
near future, we find that they are not eligible to participate in the
election.
DIRECTION OF ELECTION •
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, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
• The day guard was previously excluded from the appropriate unit by the Board. How-
ever, at that time his duties were supervisory in nature. The record discloses that his
duties have been changed since that time.
856 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIREarED that, as part of the investigation to ascertain repre-
sentatives for the purposes of collective bargaining with Vermont
Copper 'Company, Inc., South Strafford, Vermont, an election by
secret ballot shall be conducted 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 First Region, acting
in this matter as agent for the National Labor Relations Board, and
subject to Article III, Sections 10 and 11, of said Rules and Regula-
tions, among the employees in the unit found appropriate in Section
IV, above, who were employed during the pay-roll period immedi-
ately preceding the date of this Direction, including employees who
did not work during the said pay-roll period because they were
ill or on vacation or temporarily laid off, and including employees in
the armed forces of the United States who present themselves in
person at the polls, but excluding any who have -since quit or been
discharged for cause and have not been. rehired or reinstated prior
to the date of the election, to determine whether or not they desire
to be represented by District 50, United Mine Workers of America,
for the purposes of collective bargaining.
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