International Smelting and Refining Co.

National Labor Relations Board - Board Decisions

Aug 10, 1942

42 N.L.R.B. 1364 (N.L.R.B. 1942)

In the Matter Of INTERNATIONAL SMELTING AND REFINING COMPANY
and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL
B-518, A. F. L
In the Matter Of INTERNATIONAL SMEI TING AND REFINING COMPANY
and GLOBE-MIAMI MILL AND SMELTER WORKERS UNION No 22914
In the Matter Of INTERNATIONAL SMELTING AND REFINING COMPANY
and INTERNATIONAL BROTHERHOOD OF BLACKSMITHS, DROP FORGERS
& HELPERS, LOCAL No 625, A F. L
In the Matter of INTERNATIONAL SMLLTING AND REFINING COMPANY
and INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL No.
424, A F. L
In the Matter Of INTERNATIONAL SMELTING AND REFINING COMPANY
and INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIP
BUILDERS & HELPERS, LOCAL No 187, A F L
In the Matter Of INTERNATIONAL SMELTING AND REFINING COMPANY
and INTERNATIONAL ASSOCIATION OF MACHINISTS, GILA VALLEY
LODGE No 1342, A F. L
In the Matter of INTERNATIONAL SMELTING AND REFINING COMPANY
and INTERNATIONAL ,UNION OF MINE, MILL AND SMELTER WORKERS
i
I
Cases Nos R-3852 to R-3857, 'inclusive, respectively, and
B-3879 -Decided August 10, 194
Jurisdiction- copper smelting industry
investigation and Certification of Representatives: existence of questions re-
fusal to accord petitioners iecognition, although several oiganizations made
showings of designation which would be insufficent otdinarily to justify the hold-
ing of,elections in,units they pioposed, under the ciicumstances, customary
rule regarding substantial designation 'was relaxed,to afford all employees of
Company an opportunity to vote, elections necessary
Units Appropriate for Collective Bargaining : determination of appropiiateness
of separate units requested by craft and semi-industrial unions affiliated with
same parent oiganization, comprising. several crafts and residual group of
employees, co-extensive with single nit requested by industrial union, or
single unit, held dependent upon desires of employees
Mr. Willard Y Morris, for the Board.
Mr. Edward W. Rice, of Globe, Ariz , for the Company.
42NLRB,No248
1364
INTERNATIONAL SMELTING AND REFINING COMPANY 1365
Mr. Paul M. Peterson, of Miami, Ariz, for the AFL Unions.
Mr Alfred Shackelford, of Tucson, Ariz, for the I B. E. W.
Mr. Cotton Murray, of Phoenix, Ariz., for the Boilei makers
Mr.,Howard Goddard, of Denver, Colo., and Mr. Arthur Ashby and
Mr Leo Ortiz, of Miami, Ariz , for the Smelter Workers
Mr Frederic B Parkes, 2nd , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions duly filed by the labor organizations set forth in
Section II, below, each alleging that a question affecting commerce
had arisen concerning the representation of employees of International
Smelting and Refining Company, Inspiration, Arizona, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Thomas S Wilson, Trial
Examiner. Said hearing was held at Globe, Arizona, on May 21, 1942.
The Board, the Company, and the labor organizations appeared, par-
ticipated, 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. On July 1, 1942,
International Union of Mine, Mill and Smelter Workers, herein called
the Smelter Workers, filed a brief which the Board has considered.
Upon the entire record of the case, the Board makes the following :
FINDINGS OF FACT '
I THE BUSINESS OF THE COMPANY
International Smelting and Refining Company, a MontanaoCor-
poration with its principal office at New York City, is wholly owned
and controlled by Anaconda Copper Mining Company The Company
owns and operates ore-reduction works in the States of Utah, New
Jersey, Illinois, and Arizona, including the smelter located at Inspira-
tion, Arizona, with which the present proceeding is exclusively con-
cerned. All the copper ore and concentrates smelted'at"the Company's
Inspiration smelter aie obtained from mines located within the State
1366 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of Arizona, principally from the Miami Copper Company and from
the Inspiration Consolidated Copper Company During 1941, the
Company's Inspiration smelter produced approximately 45,108 tons
of blister copper, all of which was shipped to points outside the State
of Arizona During 1941, the total purchases of supplies and
materials for ^ the Company's Inspiration,, smelter , were valued, at
approximately $284,000, of which amount moie than 70 percent was
shipped to it from points outside of the State of Arizona The
Company employs approximately 222 employees at its Inspiration
smelter
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II THE ORGANIZATIONS INVOLVED
International Brotherhood of Electrical Workers, Local B-518,
herein called the I. B. E. W.; Globe-^Miami Mill and Smelter Workers
Union No 22914, herein called Local No 22914, International Broth-
erhood of Blacksmiths, Drop Forgers & Helpers, Local No 625,
herein called the Blacksmiths; International Union of Operating
Engineers, Local No. 424, herein called the Operating Engineers;
International Brotherhood of Boilermakers, Iron Ship Builders &
Helpers, Local No 187, herein called the Boilermakers; and Interna-
tional Association of Machinists, Gila Valley Lodge No 1342, herein
called the I. A. M, are labor organizations affiliated with the American
Federation of Labor, admitting to membership employees of the Com-
pany and are sometimes collectively called heiein the AFL Unions
International Union of Mine, Mill and Smelter Workeis is a labor
organization affiliated with the Congiess of Industrial Organizations,
admitting,tomembership. employees of the Company
III THE QUESTIONS CONCERNING REPRESFNTATION
On January 21, 1942, the secretary-treasurer of the Arizona State
Federation of Labor, acting on behalf of the AFL Unions, requested
permission by letter, to submit to the Company evidence showing that
the AFL Unions represented a majority of the Company's employees
The Company acknowledged receipt of the letter on January 27, 1942.
On May 19, 1942, the Smelter Workers, by letter, informed the Com-
pany that,it represented a majority of the Company's employees and
requested recognition as the statutory representative of such
employees The Company did not reply
INTERNATIONAL SMELTING AND REFINING COMPANY 1367
Statements of the Regional Director and of the Trial Examiner
with regard to the authorization evidence submitted to them by the
labor organizations were introduced into evidence at the hearing 1,
We find that questions affecting commerce have arisen concerning
the representation of employees of the Company, within the meaning
of Section 9'(c) and'Sectioii 2 (6) "and, (7) of the Act
Local No 22914 desires to represent the remaining employees not
claimed by the other AFL Unions, with the exception of watchmen
and supervisory employees.
The Smelter Workers denies the appropriateness of the units
urged by the AFL Unions and contends, in general, that all produc-
tion and maintenance employees, excluding supervisory, clerical, and
technical employees, janitors, and watchmen, constitute an appro-
priate unit
From the foregoing it appears that, the' employees in the units pio-
posed,by the AFL Unions,and -the Smelter Workers might properly
°constitute separate bargaining units, or might be merged in a single
industrial unit In this situation we shall permit the scope of the
bargaining unit, or units, to be determined by the results of separate
elections 2
B The voting units
11
There remains for consideration the specific composition of the
voting units
The AFL Unions and the Smelter Workers are agreed that fore-
men, supervisory employees , the unloading boss, watchmen, the
1 The following tabulation sets forth the statements of the Regional Director and the
Trial Examiner with regard to authorization evidence submitted to them by the
petitioners
Ap-
Num-
par-
ently NIIm Num-
Union Evidence ber of Dated genu
- heer on her insigna- me
a
roll unitsigna-
tures
I B E w________ Authorization list 3
f2 Jan '42_____
undated ________________ I
31 3 14
7 Sept '41 ______----- -----
(
Local No 22914 ___ Authorization lists -- 66
-10
Oct '41 _____________
116 Nov '41________
66 52 118
33 Jan '42_________________
Blacksmiths _____ Authorization list ___ 2 2Dec'41 2 2 3
Operating Engi- Authorization list _ __ 10 3Oct '41__ -------------- 10 5 24
neers
Boilermakers ----- Authorization list ___ 5 Undated ___ ___'___________ 5 3 10
I A rM___________ -Authorilation,cards _ 2
Feb '42 _ _______---- _
1 Mar '42 ------
2 2 11
-----
dated ________________unf6
Smelter Workers_ Authorization cards - 415
1
Apr '42
45 41 166
33 ----
Mattel of Phelps-Dodge Cotporatson and Bisbee Miners Union, #$ 22'792 and Amer-
scan Federation of Labor , et al, 41 N L R B 140, and cases, cited therein
1368 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
weighmaster, and the assistant weighmaster should be excluded from
any unit Since the authority and duties of these employees differ
substantially from those of pi oduction and maintenance workers, we
shall exclude them from the voting units.
The Smelter Workers would exclude from its unit the following
employees, who are included in, the units of the AFL Unions, for.
the alleged reason that such employees are actually subforemen
whose complaints regarding fellow workers would be carefully in-
vestigated by the Company; the crusher repairman,3 the reverbera-
tory repairman,4 the boiler repairman,5 and the machinist' of the
machine shop; George Ballard, a blacksmith in the blacksmith shop;
Louis Kennard, a pipefitter; and Charles A Keaton, an electrician.
These employees work in the mechanical and electrical departments,
which are supervised by foremen excluded from the units by agree-
ment of all labor organizations ` They are hourly paid and aie the
most highly skilled craftsmen of their respective departments. The
record discloses that they are employed almost exclusively in manuals
repair work, assisted by one or more helpers We are of the opinion,
that the supervisory duties of these employees are not of such a na-
ture as to warrant their exclusion from the voting units. We shall,
accordingly, include each of them in the, appropriate voting unit
with the other members of his craft group
The Smelter Workers also urges the exclusion of the jigger-labor
boss,7 IZ J Windsor, and Lorenzo D. Hale, all of whom are included
in the units of the AFL Unions. The labor boss supervises small
groups of laborers when the crew is divided Ordinarily, the labor
crew, of which the jigger-labor boss is a member, is supervised by a
foreman who is excluded from all the units by agreement of the labor
organizations The jigger-labor boss has authority to recommend
discharge. However, he performs manual labor, working together
with the laborers under his supervision Windsor is employed as a
sample cutter. The Smelter Workers would exclude him for the al-
leged reason that he is being trained to become a supervisor. How-
ever, the record discloses no substantial difference between the work
performed by Windsor and that done by other sample cutters Hale
is in charge of the crushing machinery and is assisted by one helper.
It is clear that these employees have few, if any, supervisory duties.
We shall, accordingly, include them in the respective voting unith
appropriate to their fob classification.
8 Specifically, Frank Robertson ° Specifically, Loren R Wantland
4 Specifically, A T Mansbeim 7 Specifically, Adelaido Perez
0
5 Specifically, Deloss Copelan
INTERNATIONAL SMELTING AND REFINING COMPANY 1369
The Smelter Workers would also exclude the assay swamper, the
office janitor, the change-house janitor, and the shop janitor, all of
whom are included in the unit proposed by Local No. 22914 The
swamper cleans beakers and bottles used in the laboratories. The jani-
tors perform, duties„ usually, associated with such employees. Since
-these employees perform work classified in the maintenance category,
we shall include them in the residual voting unit
Upon the basis of the entire record, and in accordance with the fore-
,going findings of facts, we shall order elections among .the employees
of the Company within the groups described below
1. The electricians, the electrician helper, cranemen, motormen, the
charge trammer, and the silica trammer, including Charles A Keaton,
but excluding supervisory employees and foremen, to determine
whether they desire to be represented by the I B E W. or by the
Smelter Workers, for the purposes of collective bargaining, or by
neither,
2. The blacksmith helpers of the blacksmith shop, including George
L. Ballard, but excluding supervisoiy employees and foremen, to de-
termine whether they desire to be represented by the Blacksmiths or
by the Smelter Workers, for the purposes of collective bargaining, or by
neither; '
3 The boilermakers, boilermaker helpers, and the welder of the
boiler shop, including Deloss Copelan, but excluding supervisory
employees and foremen, to determine whether they desire to be repre-
sented by the Boilermakers or by the Smelter Workers, for the pur-
poses of collective bargaining, or by neither;
4 The crusher-repair helper, the reverberatory-repair helper, ma-
chinist helpers, and the machinist helper and truck driver of the ma-
chine, shop, ,including Frank Robertson, A J. Mansheim, and Loren
R, Wantland, but excluding Deloss Copelan, supervisory employees,
and foremen, to determine whether they desire to be represented by the
I A M or by the Smelter Workers, fox the purposes of collective bar-
gaining, or by neither;
5 The crusher helper, the reclaimeis, and the oiler of the sampling
department, and skimmers, reverberatory helpers, the reverberatory
helper and anode pourer, water tenders, casting-machine operators,
and casting-machine helpers of the operating department, including
Lorenzo D Hale, but excluding supervisory employees and foremen,
to determine- whether they desire to be represented by the Operating
Engineers or by the Smelter Workers, for the purposes of collective
bargaining, or by neither; and
6 The remaining employees, including Louis Kennard, Adelaido
Perez, R J Windsor, the assay swamper, the office janitor, the change-
house janitor, and the shop janitor, but excluding foremen, supervisory
1370 DECISIONS OF NATIONAL LABOR 'RELATIONS BOARD
employees, the unloading bo,s,-«atchnien,'the weighmastei,'-and the
assistant weighmaster, to determine `whether they desire to be repre-
sented by Local No. 22914 or by the Smelter Workers, for the purposes
of collective bargaining, or by neither' , _ , -
As stated above, there will be no final deteimination of the appio-
priate,unit,or units'pending the'Iesults of -the elections , Those groups
choosing the AFL Unions as their bat gaining representative will con-
stitute separate and distinct appropriate units The groups that choose
the Smelter Workeis will, together, constitute a single appropriate
unit
V THE DETERMINATION OF REPRESENTATIVES
The statements of the Regional Director and the Trial Examiner
with regard to the authorization evidence submitted to them by the
labor organizations previously set foith,s indicate that Local, No.
22914, the Blacksmiths, the Boileimakets, and the Smeltei Workers
represent a substantial number of employees within the units urged
by them to be appropriate Under usual circumstances, the authoriza-
tion evidence submitted by the I. B E W, the Opet ating Engineers,
and the I. A M would be insufficient to justify the Boai d in conducting
elections in the ciaft gioups which those oiganizations contend are
appropriate. However, since'we ate directing elections among several
groups of the Company's employees,); we aie"of the opinion that as a
matter of expediency out customai y i ule should be i el axed in ordei to
afford all employees of the Company an oppoi tunity to vote in the elec-
tions We shall accordingly order elections to be conducted in the
craft groups urged by the I B E W, the Operating Engineers, and
the I. A M , but we shall not certify any union as the collective bargain-
ing representative-of, the employees in'a4iy, of those three groups,unless
a majority of the employees eligible to vote in each of such groups ac-
tually participate in the elections.
The Smelter Workers desii es to be designated on the ballots as Miami
Miners' Union, Local No 58G, International Union of Mine, Mill and
Smelter Workers, C I O. The request is hereby granted The Com-
pany and the AFL Unions urge the use of a pay toll immediately pre-
ceding the election to determine eligibility to vote The Smelter
Workers agi ees to the use of that pay i oll for such put pose unless the
number of employees should be greatly increased before the time of
election We find no season to depart from our customary practice and
shall accordingly direct that the employees eligible to vote in the elec-
tions shall be those who were employed during the pay-i oil pet rod Im-
mediately preceding the date of the Direction of Elections herein, sub-
j ect to such limitations and additions as' are set forth in the, Dii ection'
8 See footnote 1, supra
tI1NTERNATIONAL SMELTING AND REFINING .COMPANY 1371
- DIRECTION OF ELECTIONS
By virtue of and pursuant to the pow er vested,in the National Labor
Relations Board by Section 9 (c) of the National'Labor Relations
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 International Smelting and Refining Company, Inspiration,
Arizona, elections by secret ballot shall be conducted as early as pos-
sible, but not later than thirty (30) days front the date of this Direction,
under the direction and supei vision of the Regional Director for the
Twenty-second Region, acting in this mattes as agent for the National
,Labor Relations Board, and subject to Article III, Section 9, of said
Rules and Regulations, among all employees of the Company in each
of the groups described belong who were employed during the pay-roll
period immediately pi eceding the date of this Direction of Elections,
including any such employees who did not work during that 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, but
excluding any who have since quit or been discharged for cause:
(1) The electricians, the electrician helper, cranemen, motormen,
the charge trammer, and the silica trammer, including Charles A
Keaton, but excluding supei visory employees and foremen, to deter-
mine whether they desire to be represented by International Brother-
hood of Electrical Workers, Local B-518, A F L, of by Miami Miners'
Union, Local No 586, International Union of Mine, Mill and Smelter
Workers, C I 0, for the purposes of collective bargaining,, or by
neither ;
(2) The blacksmith helpers of the blacksmith shop, including
o Geoi ge L Ballard, but excluding supervisory employees and foremen,
to determine whether they desire to be represented by International
Brotherhood of Blacksmiths, Drop Forgers & Helpers, Local No 625,
A F L , or by Miami Miners' Union, Local No 586, International
Union of Mine, Mill and Smelter Workers, C I 0 , for the purposes of
collective bargaining, or by neither;
(3) The boilermakers, boilermaker helpers, and the welder of the
boiler shop, including Deloss Copelan, but excluding supervisory em-
ployees and foremen, to determine whether they desire to be repre-
sented by International Brotherhood of Boiler Makers, Iron Ship
Builders & Helpers, Local No 187, A. F L, or by Miami Miners'
Union, Local No 586, International Union of Mine, Mill and Smelter
Workers, C I O , for the purposes of collective bargaining, or by
neither ;
1372 DE'CISIONS OF NATIONAL LABOR RELATIONS BOARD
(4) The crusher-repair helper, the reverberatory-repair helper,
machinist helpers, and the machinist helper and truck driver of the
machine shop, including Frank Robertson, A. J. Mansheim, and Loren
R. Wantland, but excluding Deloss Copelan, supervisory employees,
and foremen, to determine whether they desire to be represented by
International Association of Machinists, Gila Valley Lodge No 1342,
A F. L , or by Miami Miners' Union, Local No. 586, International
Union of Mine, Mill and Smelter Workers, C I 0, for the purposes
of collective bargaining, or by neither;
(5) The crusher helper, the reclaimers, and the oiler of the sampling
department; and skimmers, reverberatory helpers, the reverberatory
helper and anode pourer, water tenders, casting-machine operators,
and casting-machine helpers of the operating department, including
Lorenzo D. Hale, but excluding supervisory employees and foremen,
to determine whether they desire to be represented by International
Union of Operating Engineers,,Local No 424, A. F. L, or by Miami
Miners' Union, Local No. 586, International Union of Mine, Mill and
Smelter Workers, C I. 0., for the purposes of collective bargaining,
or by neither; and
(6) The remaining employees, including Louis Kennard, Adelaido
Porez, R J Windsor, the assay swamper, the office janitor, the change-
house janitor, and the shop janitor, but excluding foremen, supervisory
employees, the unloading boss, watchmen, the weighmaster, and the
assistant weighmaster, to determine whether they desire to be repre-
sented by Globe-Miami Mill and Smelter Workers Union No 22914,
A F. L, or by Miami Miners' Union, Local No. 586, International
Union of Mine, Mill and Smelter Workers, C I O , for the purposes
of collective bargaining, or by neither.
MR GERARD D REILLY took no part in the consideration of the above
Decision and Direction of Elections.
0