Inspiration Consolidated Copper Co.

National Labor Relations Board - Board Decisions

Mar 11, 1949

81 N.L.R.B. 1377 (N.L.R.B. 1949)

r
In the Matter of INSPIRATION CONSOLIDATED COPPER COMPANY, EM-
PLOYER and CONSTRUCTION, BUILDING MATERIAL AND MISCELLANE-
OUS DRIVERS, LOCAL UNION No. 83, OF THE INTERNATIONAL BROTHER-
HOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF
AMERICA, A. F. OF L., PETITIONER
In the Matter Of INSPIRATION CONSOLIDATED COPPER COMPANY,
EMPLOYER and METAL MINERS AND PROCESSORS LOCAL 24273, A. F. OF
L., PETITIONER
Cases Nos. 21-RC-060 and 21-RC-415, respectively.-Decided
March 11, 1949
DECISION
AND
DIRECTION OF ELECTIONS
Upon separate petitions duly filed, a consolidated hearing was held
before a hearing officer of the National Labor Relations Board. The
hearing officer 's ruling permitting International Union of Mine, Mill
and Smelter Workers, CIO , herein called the Smelter Workers, to in-
tervene in this proceeding is hereby reversed . The contract alleged
by the Smelter Workers as a bar does not cover employees who are
the subject of this petition, for reasons set forth in paragraph 3 below,
and the Smelter Workers is not in compliance with the requirements
of Section 9 (f), (g), and ( h) of the National Labor Relations Act.'
The hearing officer's other rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Pursuant to the provisions of Sections 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
these cases to a three -man panel consisting of the undersigned Board
Members.*
Upon the entire record in these cases, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
1 Matter of Remington Rand, Inc, 77 N. L. R. B. 200.
* Chairman Herzog and Members Houston and Gray.
81 N. L. R. B., No. 226.
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1378 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. The labor organizations named below claim to represent certain
employees of the Employer.
3. The Smelter Workers contends that a current multi-unit con-
tract with the Employer, to which it is a party, covers employees in
the open pit operations involved in these proceedings, and therefore
constitutes a bar to a determination of representatives at this time.
We do not agree.
The recognition clause in the multi-unit contract specifically pur-
ports to be granted "in accordance with the certifications of the
National Labor Relations Board dated, respectively, November 21,
1942, January 9, 1945, and April 1, 1948," covering employees within
the respective appropriate bargaining units.2 That the contract also
contains a bare provision that "open pit operations shall be considered
as a separate department" is, without more, not substantively indica-
tive of general coverage by the contract of employees in the Employer's
open pit operations, other than the operating engineers, who selected
a bargaining representative in Case No. 21-RC-54 on April 1, 1948,
and are explicitly covered therein, in the absence of any mention of
open pit operations in the description of job classes and wage rates
by departments or otherwise, or any evidence that the Smelter Work-
ers has in fact represented open pit employees for bargaining
purposes.,
A question affecting commerce exists concerning the representation
of employees of the Employer, within the meaning of Section 9 (c)
(1) and Section 2 (6) and (7) of the Act.
4. The Teamsters, the Petitioner in Case No. 21-RC-260, seeks a
unit of truck drivers and their helpers in the open pit operations at
the Employer's mine at Inspiration, Arizona. The Metal Miners, the
Petitioner in Case No. 21-RC-415, seeks a unit of open pit employees,
excluding clerical and technical employees, watchmen, truck drivers
and their helpers, craft employees now represented by other labor
organizations, and supervisors. The Employer takes no position with
respect to the unit or units appropriate.
For a number of years the Employer has carried on underground
mining operations at Inspiration, Arizona, and, as indicated above,
has bargained with a number of labor organizations for employees en-
gaged in these operations in several bargaining groups.
2 Matter of Inspiration Consolidated Copper Company , 44 N L R B 1160 ; Matter of
Inspiration Consolidated Copper Company , 63 N L R B 679, and Matter of Inspiration
Consolidated Copper Company , Case No 21-RC-54.
8 The Petition in Case No. 21-RC-415 was filed before the contract alleged as a bar
was executed and the contract therefore does not operate as a bar to an investigation of
representation upon that petition . The petition in Case No 21-RC-260, but for the reasons
set forth above, would be barred by the contract under the rule of Matter of General Electric
X-Ray Corp ., 67 N*L . R. B. 997.
INSPIRATION CONSOLIDATED COPPER COMPANY 1379
In March 1947 , the Employer started preliminary work for its open
pit mining operations and it began ore production in the open pit
department on April 1 , 1948. The open pit operations do not com-
prise an expansion of the Employer's copper production tonnage, but
rather a change in method, substituting surface for certain under-
ground operations and enabling the Employer to mine , from the sur-
face, ore otherwise to be reached from the sulphide tunnel under
ground. At the beginning of its open pit operations , the Employer
permanently transferred some employees from underground to open
pit operations , and some new employees were hired for open pit work.
The mine superintendent supervises both surface and open pit op-
erations , and ores from both operations are mixed for processing in
the eventual production of copper . Employees , however , are rarely
transferred from one operation to the other . Such transfers entail
change of pay roll and seniority status.
There are approximately 110 employees in the Employer's open
pit operations . Of this number the Teamsters seeks to represent ap-
proximately 20 drivers and helpers , and the Metal Miners seeks to
to represent approximately 15 other employees . All other open pit
employees are presently represented by other labor organizations
and covered by collective bargaining contracts . The employees in the
proposed units have had in the past no union representation for bar-
gaining purposes as open pit employees.
Under these circumstances , and upon the basis of the entire record,
we find the following units appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act:
(a) All truck drivers and helpers employed at the open pit opera-
tion at the Employer's Inspiration , Arizona, copper mine, excluding
supervisors.
(b) All employees at the open pit operation of the Employer's
Inspiration , Arizona, copper mine, excluding truck drivers and their
helpers , craft employees now represented by other labor organizations,
clerical and technical employees , watchmen, professional employees,
guards, and supervisors.
DIRECTION OF ELECTIONS
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, separate elec-
tions by secret ballot shall be conducted as early as possible, but not
later than 30 days from the date of this Direction, under the direction
and supervision of the Regional Director for the Region in which this
case was heard, and subject to Sections 203.61 and 203.62 of National
Labor Relations Board Rules and Regulations-Series 5, as amended,
829595-50-vol 81-88
1380 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
among the employees in the units found appropriate in paragraph
numbered 4, above, who were employed during the pay-roll period
immediately preceding 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, but excluding those employees
who have since quit or been discharged for cause and have not been
rehired or reinstated prior to the date of the election, and also exclud-
ing employees on strike who are not entitled to reinstatement,
(1) to determine whether or not the truck drivers in unit ( a) desire
to be represented by Construction, Building Material, and Miscella-
neous Drivers, Local Union No. 83, of the International Brotherhood
of Teamsters , Chauffeurs, Warehousemen and Helpers of America,
A. F. of L., for the purposes of collective bargaining; and
(2) to determine whether or not the employees in unit ( b) desire to
be represented by Metal Miners and Processors Local 24273, A. F. of L.,
for the purposes of collective bargaining.