Castle Dome Copper Co., Inc.

National Labor Relations Board - Board Decisions

Aug 24, 1943

52 N.L.R.B. 135 (N.L.R.B. 1943)

In the Matter of CASTLE DOME COPPER Co ., INC. and UNITED BROTHER-
HOOD OF CARPENTERS AND JOINERS OF AMERICA, LOCAL 1538
In the Matter Of CASTLE DOME COPPER CO ., INC. and TRUCK DRIVERS,
CHAUFFEURS, TEAMSTERS & HELPERS , LOCAL No. 274 OF I. B. OF
T. C. W. & H. OF A.
In the Matter of CASTLE DOME COPPER Co., INC. and INTERNATIONAL
UNION OF OPERATING ENGINEERS LOCAL 428
In the Matter Of CASTLE DOME COPPER Co., INC. and CONSTRUCTION,
PRODUCTION AND MAINTENANCE LOCAL UNION #383, of I .- H. C. B.
& C. L. U. OF A.
In the Matter of CASTLE DOME COPPER Co., INC. and INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL B-518
In the Matter of CASTLE DOME COPPER Co., INC. and INTERNATIONAL
ASSOCIATION OF MACHINISTS , LOCAL No. 1342
In the Matter of CASTLE DOME COPPER CO ., INC. and INTERNATIONAL
BROTHERHOOD OF BOILERMAKERS , IRON SHIP BUILDERS , AND HELPERS,
LODGE No. 187
In the Matter of CASTLE DOME COPPER Co., INC. and INTERNATIONAL
BROTHERHOOD OF BLACKSMITHS , DROP FORGERS & HELPERS, LOCAL
UNION No. 625
In the Matter of CASTLE DOME COPPER Co., INC. and UNITED Asso
CIATION OF JOURNEYMAN PLUMBERS AND STEAMFITTERS OF THE U. S.
AND CANADA LOCAL UNION No. 808
In the Matter of CASTLE DOME COPPER Co., INC. and INT. UNION OF
MINE , MILL & SMELTER WORKERS FOR ITSELF AND ON BEHALF OF ITS
LOCAL UNION #586, CIO
Cases Nos . R-5685 to R-5690 inclusive , and R4719 to R-7P
inclusive , respectively .Decided August 24, 1943
Morris & Malott , by Messrs . G. H. Morris and James R. Malott, of
Globe, Ariz., for the Company.
52 N. L. R. B., No . 22. 135
136 DECISIONS OF NATIONAL LABOR REIA'nONS BOARD
'Mr. G. W. Ogden, of Miami, Ariz., for the Carpenters.
Messrs. H. R. Lown and George Sorenson, of Phoenix, Ariz., for
the Teamsters. -
Mr. W. A. Gray, of Phoenix, Ariz., for the Operating Engineers.
Mr. Dean A. Sisk, of Phoenix, Ariz., for the Laborers.
Mr. Alfred Shackelford, of Tucson, Ariz., and Mr. W illiann M.
Peterson, of Claypool, Ariz., for the IBEW.
Mr. H. B. McMurry, of Phoenix, Ariz., for the I. A. M.
Mr. W. D. Taylor, of Tucson, Ariz., for the Boilermakers.
Mr. Paul M. Peterson, of Miami, Ariz., for the A. F. of L.
Messrs. Orville Larson and Arthur Ashby, of Miami, Ariz., for
the C. I. O.
Miss Muriel J. Levor, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon amended petitions duly filed by United Brotherhood of Car-
penters and Joiners of America, Local 1538, herein called the Car-
penters; Truck Drivers, Chauffeurs, Teamsters & Helpers, Local No.
274 of I. B. of T. C. W. & H. of A., herein called the Teamsters;
International Union of Operating Engineers Local 428, herein called
the Operating Engineers; Construction, Production and Maintenance
Local Union #383, of I. H. C. B. & C. L. U. of A., herein called the
Laborers; International Brotherhood of Electrical Workers, Local
B-518, herein called the IBEW; International Brotherhood of Boiler-
makers, Iron Ship Builders, and Helpers, Lodge No. 187, AFL, herein
called the Boilermakers; International Brotherhood of Blacksmiths,
Drop Forgers & Helpers, Local Union No. 625, herein called the Black-
smiths; United Association of Journeyman Plumbers and Steamfitters
of the U. S. and Canada Local Union No. 808, herein called the
Plumbers, together collectively called the A. F. of L. Unions herein;
International Association of Machinists, Local No. 1342, herein called
the I. A. M.; and International Union of Mine, Mill & Smelter Workers
for itself and on behalf of its Local Union #586, CIO, herein called
the C. I. 0., alleging that questions affecting commerce had arisen
concerning the representation of- employees of Castle Dome Copper
Co., Inc., Castle Dome, Arizona, herein called the Company, then
National Labor Relations Board provided for an appropriate con-
solidated hearing upon due notice before Daniel J. Harrington, Trial
Examiner. Said hearing was held at Globe, Arizona,, on July 8, 1943.
CASTLE DOME COPPER CO., INC. 137
The Company, the A. F. of L. Unions, the I. A. M., and the C. I. O.
appeared, 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
I. THE BUSINESS OF THE COMPANY
Castle Dome Copper Co., Inc., a wholly owned subsidiary of the
Miami Copper Company, is a, Delaware corporation doing business
in the State of Arizona. The Company is engaged in the mining and
reduction of copper ore. It operates a mill owned and financed by
the Defense Plant Corporation which derives concentrates from the
copper ore which the Company mines on property it owns at Castle
Dome, Arizona. The copper concentrates derived from these
operations are shipped to a smelter situated at Miami, Arizona, where
they are reduced to blister copper, which is shipped to points outside
the State of Arizona for refining and processing. In the operation of
its mine and mill, the Company annually purchases supplies of a value
in excess of $500,000, a substantial portion of which is shipped from
points outside the State of Arizona.
The Company concedes that•it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Brotherhood of Carpenters and Joiners of America, Local
1538; Truck Drivers, Chauffeurs, Teamsters & Helpers, Local No. 274
of I. B. of T. C. W. & H. of A.; International Union of Operating
Engineers Local 428; Construction, Production and Maintenance Local
Union #383, of I. H. C. B. & C. L. U. of A.; International Brotherhood
of Electrical Workers, Local B-518; International Brotherhood of
Boilermakers, Iron Ship Builders and Helpers, Lodge No. 187; Inter-
national Brotherhood of Blacksmiths, Drop Forgers & Helpers, Local
Union No. 625; and United Association of Journeyman Plumbers and
Steamfitters of the U. S. and Canada Local Union No. 808, are labor
organizations affiliated with the American Federation of Labor, ad-
mitting to membership employees of the Company.
International. Association of Machinists, Local No. 1342, is a labor
organization admitting to membership employees of the Company.
138 ' DR(ISAONS OF NATIONAL LABOR,RRLAT'IONIS BOARD
International Union of Mine, Mill & Smelter Workers and its Local
Union #586 are labor organizations affiliated with the Congress of
Industrial Organizations, admitting to membership employees of the
Company.
M. THE QUESTION CONCERNING REPRESENTATION
The A. F. of L. Unions, the I. A. M., and the C. Ia O. have each
asserted claims to represent a majority of the Company's employees-
in the unit each claims to be appropriate and have requested the Com-
pany to commence collective bargaining negotiations with each of
them, respectively. The Company refuses such recognition unless and
until the appropriate bargaining unit be designated by the Board.
Statements of the Field Examiner introduced in evidence at the
hearing, together with a statement of the Field Examiner introduced
in evidence by an agreement made at the hearing, indicate that the
A. F. of L. Unions and the I. A. M. each represents a substantial num-
ber of employees in the unit each claims to be appropriate.'
We find that questions affecting commerce have arisen concerning
the representation of employees of the Company within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
IV. THE APPROPRIATE UNIT; TH} DETERMINATION OF REPRESENTATIVES
The A. F. of L. Unions and the I. A. M. claim as appropriate, units
composed of those employees of the Company who fall within their
respective jurisdictions. The C. I. O. contends that only one bargain-
ing unit is appropriate and that it should be constituted on an indus-
i The following tabulation sets forth the Field Examiner 's statements concerning the authorization-
evidence submitted to him-
Unions
Number of
names on
pay roll in
the unit
claimed
Number of
designa-
tions or
dues records
submitted
Number of
signatures
which corre-
spond with
names on the
Company's pay
roll of May 22,
1943
Carpenters ------------------------------------------------ 2 2 3
Teamsters 57 47 79
Operating Engineers 94 64 82
Laborers -------------------------------------------------- 99 33 60
1. B E W...
.............................................
6 4 4
-I. A. M--------------------------------------------------- 46 *31 70
Boilermakers --------------------------------------------- 13 7
7
Blacksmiths ---------------------------------------------- 2 1 3
Plumbers--- --------------------------------------------- 4 2 (approx.) 6
.Of this number , 7 duplicate names in the Laborers' unit and 7 duplicate names in the unit of the
Operating Engineers.
The C. I. 0. submitted e applications for membership bearing names of persons on the foregoing pay roll.
There are about 280 employees in the unit urged by the C. I. 0.
CASTLE DOME COPPER CO., INC. 139
trial basis. The Company takes no position concerning the composi-
tion of the unit or units. All the labor organizations are agreed on
the exclusion of timekeepers, clerical, administrative, executive, pro-
fessional, and supervisory employees. However, in addition to the
controversy concerning the respective merits of craft and industrial
units, there are diverse contentions with respect to certain alleged
supervisory employees, who, the C. I. 0. asserts, and the A. F. of L.
Unions and the 'I. A. M. deny, should be excluded from the proposed
unit. The merits of the various contentions will be discussed below.
The Company employs foremen who, it appears, possess, among
other powers, the authority to discharge or effectively to recommend
discharge. They do not perform manual labor except when special
circumstances arise. We shall exclude the foremen since they are
clearly supervisory employees.
There are, also a number of working leadmen who fall within the
unit claimed by the I. A. M. At least 50 percent of their time is em-
ployed at the same work as the 5 to 10 men under them to whom they
submit the foremen's orders. Leadmen receive 50 cents per day more
than do the men working under them although they do not have the
power to hire and discharge or effectively to change the status of other
employees. We find that leadmen do not have, substantial super-
visory authority and we shall accordingly include them.
The proposed units urged by the A. F. of L. Unions and the I. A. M.
are composed of categories of employees which, except for the residual
group claimed by the Laborers, belong to occupational groups which
have traditionally engaged in collective bargaining on a craft basis.
There is no history of bargaining upon either craft or industrial basis
with respect to the Company's operations. From the foregoing, it
appears that the employees in the units proposed by the craft organi-
zations and the remaining production, construction, and maintenance
employees might properly constitute separate bargaining units or
might be merged in the single industrial unit urged by the C. I. 0. In
this situation, we shall permit the scope of the bargaining unit or
units to be determined in part by the results of separate elections?
Since there is no controversy with respect to the composition of the
various voting units, other than the conflict over the disposition of
certain supervisory employees previously considered herein, we shall
direct that the question concerning representation which have arisen
be resolved by separate elections by secret ballot among the em-
ployees in the units described in the Direction of Elections, who were
employed during the pay-roll period immediately preceding the date
1 Bee Matter of Insptiration Consolidated Copper Company, 44 N L. R. B. 1160; Matter of
Kennecott Copper Corporation, Nevada Mines Division, 51 N. L. R. B. 1140.
,' s
140 DECISIONS OF NATIONAL LABOR RE'LAT'IONS BOARD
of our Direction of Election, subject to the limitations and additions
set forth therein .s
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, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations -Series 2, as amended, it is
hereby I
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Castle Dome Cop-
per Co., Inc., Castle Dome, Arizona, separate elections 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 Twenty-first Region,
acting in this matter as agent for the National Labor Relations
Board , and subject to Article III, Section 10, of said Rules and Regu-
lations, among the following groups, of employees of the Company,
who were employed during the pay-roll period immediately preced-
ing the date of this Direction, including employees who did not work
during 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 timekeepers, clerical, administrative, executive; profes-
sional and supervisory employees and any employees who have since
quit or been discharged for cause :
(1) To determine whether all carpenters, and carpenters' appren-
tices, employed at the Company's Castle Dome mine and mill, exclud-
ing carpenters' helpers 4 and shop foremen, desire to be represented by
United Brotherhood of Carpenters and Joiners of America, Local
1538, affiliated with the American Federation of Labor, or by Inter-
national Union of Mine, Mill & Smelter Workers and its Local Union
.#586, affiliated with the Congress of Industrial Organizations, for
the purposes of collective bargaining , or by neither;
(2) To determine whether all truck drivers, truck helpers, truck
and tire repairmen , greasemen , car washers, steam cleaners, ware-
9 We shall place the C. I. O. on the ballot although the A. F. of L. Unions urge that its
petition be dismissed because of insufficient representation showing, since the mine and
mill have only recently gone into production and since the C. I. O. has made some showing
of representation . See Matter of Harvsll Asroraft Die Casting Corporation, 28 N. L. R. B.
417,; Matter of American Oil Company , 33 N. L. R. B. 323; and Matter of Marshall Field c6
Company, 35 N. L. R. B . 1200. . .
4 The Carpenters does not recognize the classification of "helper" and urges that such
employees as the Company denominates "carpenters helpers" be excluded from the unit.
The carpenters ' helpers are claimed by the Laborers in the residual unit. We shall accede
to the desires of the organizations involved since there is no controversy concerning the
disposition of the "carpenters helpers" although such has not been our recent practice. Cf.
Matter of Kennecott Copper Corporation , Nevada, Mines Division, 51 N. L. R. B. 1140.
CASTLE DOME COPPER CO., INC. 141
housemen , helpers and apprentices , employed at the Company's mine
and mill, excluding foremen, desire to be represented by Truck Driv-
ers, Chauffeurs , Teamsters & Helpers, Local No. 274 of I. B. of T. C. W.
& H. of A ., affiliated with the American Federation of Labor, or by
International Union of Mine, Mill & Smelter Workers and its Local
Union #586, affiliated with the Congress of Industrial Organizations,
for the purposes of collective bargaining, or by neither;
(3) To determine whether all shovel, churn drill, bulldozer and
patrol grader operators, shovel oilers, churn drill helpers, pump men,
filter pump men, filter plant , lead crusher , grade, compression and
screen operators , operators in the mill, oilers , and apprentices, em-
ployed at the Company 's mine and mill excluding foremen , desire to
be represented by International Union of Operating Engineers Local
428, affiliated with the American Federation of Labor, Or by Inter-
national Union of Mine , Mill & Smelter Workers and its Local Union
#586, affiliated with the Congress of Industrial Organizations, for
the purposes of collective bargaining , or by neither;
(4) To determine whether all laborers ( including road men),
magazine keepers, powder leaders, air drill machine men , wagon drill
helpers, dump men, pit men , screen test men, samplers , experimental
helpers, carpenter helpers, janitors , and apprentices , employed at the
Company's mine and mill excluding watchmen, foremen , and air drill
bosses, desire to be represented by Construction , Production and
Maintenance Local Union #383, of I. H. C. B. & C. L. U. of A., affili-
ated with the American Federation of Labor, or by International
Union of Mine, Mill & Smelter Workers and its Local Union #586,
affiliated with the Congress of Industrial Organizations , for the pur-
poses of collective bargaining , or by neither;
(5) To determine whether all electricians , troubleshooters , substa-
tion operators , helpers in the electric department , women trainees in
the electric department , and apprentices , employed at the Company's
mine and mill excluding foremen, desire to be represented by Inter-
national Brotherhood of Electrical Workers, Local B -518, affiliated
with the American Federation of Labor, or by International Union of
Mine, Mill & Smelter Workers and its Local Union #586 , affiliated
with the Congress of Industrial Organizations , for the purposes of
collective bargaining , or by neither;
(6) To determine whether all air drill repairmen, repairmen and
their helpers in the mill , mechanics , service mechanics , machinists,
drill press operators , caterpillar repair helpers, diesel mechanic help-
ers; machinists ', helpers; sh6vePrepair '7helpers, churn drill repairmen,
churn drill repairmen helpers , leadmen and apprentices , employed at
the Company 's mine and mill , excluding foremen, desire to be repre-
sented by International Association of Machinists , Local No. 1342. or
142 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
by International Union of Mine, Mill &'Smelter Workers and its
Local Union #586, affiliated with the Congress of Industrial Organi-
zations,'for the purposes of collective bargaining, or by neither;
(7) To determine whether all boilermakers, welders (including
casings), mechanical welders, welder helpers, and apprentices, em-
ployed at the Company's mine and mill, excluding foremen, desire to
be represented by International Brotherhood of Boilermakers, Iron
Ship Builders, and Helpers, Lodge No. 187, affiliated with the Ameri-
can Federation of Labor, or by International Union of Mine, Mill &
Smelter Workers and its Local Union #586, affiliated with the Con-
gress of Industrial Organizations, for the purpose of collective
bargaining, or by neither ;
(8) To determine whether all blacksmiths, bit shop helpers, churn
drill bit sharpeners, air drill bit tempermen, and apprentices, em-
ployed at the Company's mine and mill, excluding foremen, desire to
be represented by International Brotherhood of Blacksmiths, Drop
Forgers & Helpers, Local Union No. 625, or by International Union of
Mine, Mill & Smelter Workers and its Local Union #586, affiliated
with the Congress of Industrial Organizations, for the purposes of
collective bargaining, or by neither;
(9) To determine whether all pipemen, pipe, helpers, pipefitters,
and apprentices, employed at the Company's mine and mill, excluding
foremen, desire to be represented by International Association of
Journeyman Plumbers and Steamfitters of the U. S. and Canada Local
Union No. '808, affiliated with the American Federation of Labor, or
by International Union of Mine, Mill & Smelter Workers and its
Local Union #586, affiliated with the Congress of Industrial Organi-
zations, for the purposes of collective bargaining or by neither.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Elections.