International Smelting and Refining Co.

National Labor Relations Board - Board Decisions

Oct 19, 1942

44 N.L.R.B. 1337 (N.L.R.B. 1942)

In the Matter of INTERNATIONAL SMELTING AND REFINING COMPANY
and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, Loa
B-518, A. F. L.
In the Matter Of -INTERNATIONAL SMELTING 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 SMELTING 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 BOILER MAKERS, 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
Cases Nos. R-3852 thru R3857 and R-3879, respectively
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
October 19, 1942
On August 10, 1942, the National Labor Relations Board issued a..
Decision and Direction of Elections in the above -entitled proceeding.,
Pursuant to the Direction of Elections , elections by secret ballot
were conducted on September 8, 1942, under the direction and super-
vision of the,Regional Director for the Twenty-second Region (Den-
ver, Colorado ). On September 17, 1942, the Regional Director , acting
pursuant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 2, as amended, issued and duly served
upon the parties his Election Report.
As to the balloting and the results thereof , the Regional Director-
reported as follows :
142 N. L. R. B. 1364.
44 N. L. R. B., No. 251.
1337
1338 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1 Elect? icians
Total number eligible to vote--------------------------------- 13
Total number of ballots cast--------------------------------- 11
Total number of challenged ballots--------------------------- 0
Total number of blank ballots________________________________ 0
Total number of void ballots--------------------------------- 0
Total number of valid votes counted-------------------------- 11
Total number of votes for International Brotherhood of Elec-
trical Workers, Local B-518, A. F. L________________________ 7
Total number of votes for Miami Miners ' Union, Local No. 586,
International Union of Mine, Mill and Smelter Workers,
C. I. 0--------------------------------------------------- 0
Total number of votes for neither ------------------------------ 4
2. Blacksmiths
Total number eligible to vote-------------------------------- 2
Total number of ballots cast--------------------------------- 2
Total number of challenged ballots--------------------------- 0
Total number of blank ballots________________________________ 0
Total number of void ballots--------------------------------- 0
Total number of valid votes counted- -------------- ------------ 2
`Total number of votes for International Brotherhood of Black-
smiths, Drop Forgers & Helpers, Local No: 625, A. F. L------- 2
Total number of votes for Miami Miners' Union, Local No. 586,
International Union of Mine, Mill and Smelter Workers,
C. I. 0--------------------------------------------------- 0
Total number of votes for neither---------------------------- 0
3. Boilermakers
Total number eligible to vote---------------- -------------- 10
Total number of ballots cast--------------------------------- 8
Total number of challenged ballots--------------------------- 0
'Total number of blank ballots-------------------------------- 0
Total number of void ballots--------------------------------- 0
Total number of valid votes counted-------------------------- 8
Total number of votes for International Brotherhood of Boiler
Makers, Iron Ship Builders & Helpers, Local No. 187, A. F. L__ 6
Total number of votes for Miami Miners' Union, Local No. 586,
International Union of Mine, Mill and Smelter Workers,
C. I. 0--------------------------------------------------- 0
Total number of votes for neither---------------------------- 2
4. Machinists
Total number eligible to vote--------------------------------- 12
Total number of ballots cast- -------------------------------- 12
Total number of challenged ballots--------------------------- 0-
Total number of blank ballots -------------------------------- 0
Total number of void ballots_______________________________ 0
Total number of valid votes counted-------------------------- 12
Total number of votes for International Association of Ma-
chinists, Gila Valley Lodge No. 1342, A. F. L----------------- 7
Total number of votes for Miami Miners' Union, Local No. 586,
International Union of Mine, Mill and Smelter Workers,
C. I. 0--------------------------------------------------- 1
Total number of votes for neither------------------------ -- 4
INTERNATIONAL StiIELTING A\'D REFINING COMPANY 1339
5. Operating Engineers
Total number eligible to vote_________________________________ 35
Total number of ballots cast--------------------------------- 28
"Total number of challenged ballots___________________________ 1
Total number of blank ballots-------------------------------- 0
Total number of void ballots--------------------------------- 0
Total number of valid votes counted-------------------------- 27
Total number of votes for International Union of Operating
Engineers , Local No 424, A. F. L--------------------------- 8
Total number of votes for Miami Miners' Union, Local No. 586,
International Union of Mine, Mill and Smelter Workers,
C. I. 0--------------------------------------------------- 16
'Total number of votes for neither---------------------------- 3
6. Remaining Production and Maintenance Employees
Total number eligible to vote_________________________________ 145
Total number of ballots cast_________________________________ 106
Total number of challenged ballots___________________________ 0
Total number of blank ballots_____________________________'__ 0
Total number of void ballots--------------------------------- 0
Total number of valid votes counted__________________________ 106
Total number of votes for Globe-Miami Mill and Smelter Workers
Union No 22914------------------------------------------- 13
'Total number of votes for Miami Miners' Union, Local No. 586,
International Union of Mine, Mill and Smelter Workers,
C. I 0--------------------------------------------------- 88
.Total number of votes for neither----------------------------- '5
Since the challenged ballot in the fifth voting unit could not affect
the results of the election, the Regional Director made no ruling on it.
We find it unnecessary to make any determination with respect to the
challenged ballot. - -
On September 24, 1942, International Union of Operating Engineers,
Local 424, A. F. L., herein called the Operating Engineers, filed objec-
tions to the Election -Report, on the ground that reclaimers were
'erroneously included in the fifth voting unit. The Operating Engi-
neers now contends that reclaimers are unskilled employees and should
be excluded from the unit, although at the hearing it sought to repre-
sent that classification. In view of all the circumstances, we find that
the objections raise no substantial or material issue with respect to the
conduct of the election or the Election Report. The objections are
-hereby overruled.
In its Decision and Direction of,Elections, the Board stated :
As stated above, there will be no final determination of the ap-
propriate unit or units pending the results of the elections. Those
groups choosing the AFL Unions as their bargaining represent-
ative will constitute separate and distinct appropriate units. The
groups that, choose the Smelter Workers will, together, constitute
a single appropriate unit.
1340 DECISIONS - OF NATIONAL LABOR RELATIONS BOARD
Upon the basis of the entire record, the Board makes the following :
SUPPLEMENTAL FINDINGS OF FACT
We find that each of the groups of employees for which we herein-
after certify exclusive bargaining representatives constitutes a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power 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, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
IT IS HEREBY CERTIFIED that International Brotherhood of Electrical
Workers, Local B-518, A. F. L., has been designated and selected by
a majority of the electricians, the electrican helper, cranemen, motor-
men, the charge trammer, and the silica trammer, including Charles A.
Keaton, but excluding supervisory employees and foremen, employed
by International Smelting and Refining Company, Inspiration, Ari-
zona, as their representative for the purposes of collective bargaining
and that, pursuant to the provisions of Section 9 (a) of the Act,_
International Brotherhood of Electrical Workers, Local B-518, A.
F. L., is the exclusive representative of all such employees for the
purposes of collective bargaining in respect to rates of pay, wages,
hours of employment, and other conditions of employment;
IT IS FURTHER CERTIFIED that International Brotherhood of Black-
smiths, Drop Forgers & Helpers, Local No. 625, A. F. L., has been
designated and selected by it majority of the blacksmith helpers of
the blacksmith shop, including George L. Ballard, but excluding super-
visory employees and foremen, employed by International Smelting
and Refining Company, Inspiration, Arizona, as their representative
for the purposes of collective bargaining and that, pursuant to the pro-
visions of Section 9 (a) of the Act, International Brotherhood of
Blacksmiths, Drop Forgers & Helpers, Local No. 625, A. F. L., is the
exclusive representative of all such employees for the purposes of col-
lective bargaining in respect to rates of pay, wages, hours of employ-
ment, and other conditions of employment;
IT IS FURTHER CERTIFIED that International Brotherhood of Boiler
Makers, Iron Ship Builders & Helpers, Local No. 187, A. F. L., has
been designated and selected by a majority of the boilermakers, boiler-
maker helpers, and the welder of the boiler shop, including Deloss
Copelan, but excluding supervisory employees and foremen, employed
by International Smelting and Refining Company, Inspiration, Ari-
INTERNATIONAL SMELTING AND REFINING COMPANY 1341
zona; as their representative for the purposes of collective bargaining
and'that, pursuant to the provisions of Section 9 (a) of the Act , Inter-
national Brotherhood of Boiler Makers , Iron Ship Builders & Helpers,
Local No. 187, A . F. L., is the exclusive representative of all such
employees for the purposes of collective bargaining in respect to rates
of pay, wages , hours of employment , and other conditions of employ-
ment ;
IT IS FURTIIER CERTIFIED that International Association of Machinists,
Gila Valley Lodge No. 1342, A. F. L., has been designated and selected
by a majority of 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 em-
ployees, and foremen , employed by International Smelting and Refin-
ing Company, Inspiration, Arizona, as their representative for the
.purposes of collective bargaining and that, pursuant to the provisions
of Section 9 (a) of the Act , International Association of Machinists,
Gila Valley Lodge No. 1342, A. F. L., is the exclusive representative' of
all such employees for the purposes of collective bargaining in respect,
to rates of pay, wages , hours of employment , and other conditions of
employment; and
IT IS FURTHER CERTIFIED that Miami Miners ' Union, Local No. 586,
International Union . of Mine, Mill and Smelter Workers, C . I. 0., has
been designated and selected by a majority of the crusher - helper, the
reclaimers , and'the oiler of the sampling department ; skimmers , rever-
beratory helpers, the reverberatory helper and anode pourer, wafer
tenders, casting -machine operators, and casting-machine helpers of the
,operating department, and the remaining employees not included in
the foregoing, units, including Louis Kennard, Adelaido Perez, R. J.
Windsor, the assay swamper , the office janitor, the changehouse janitor,
the shop janitor, and Lorenzo D. Hale, but excluding foremen, super
visory employees , the unloading boss, watchmen , the`nveighmaster, and
the assistant weighmaster ; employed by International Smelting and
Refining Company , Inspiration , Arizona, as their representative for
the purposes of, collective bargaining and that, pursuant to the pro-
visions of Section 9 (a) of the Act , Miami Miners' Union , Local No.
586, International Union of Mine, Mill and Smelter Workers, C. I. O.,
is the exclusive representative of all such employees for the purposes
,of collective bargaining in respect to rates of pay, wages , hours of
'employment , and other conditions' of employment.