International Smelting and Refining Co.

National Labor Relations Board - Board Decisions

Aug 17, 1945

63 N.L.R.B. 390 (N.L.R.B. 1945)

In the Matter Of 'INTERNATIONAL SMELTING AND REFINING COMPANY
and INTERNATIONAL UNION OF MINE, MILL & SMELTER WORKERS,
CIO
Case No. 01-h-0653.-Decided August 17,19445
Mr. Edward W. Rice, of Globe, Ariz., and Mr. P. D. I. Iloneyrnan,
of Inspiration, Ariz., for the Company.
Messrs. Orville Larson and Claud Lovelett, of Globe, Ariz., for the
CIO.
Mr. Everett M. Mayne, of Miami, Ariz., for the AFL.
Mr. Harold M. Humphreys, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Union of Mine, Mill &
Shelter Workers, CIO, herein called the CIO, alleging that a question
affecting commerce had arisen concerning the, representation of em-
ployees of International Smelting and Refining Company, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before George H. O'Brien,
Trial Examiner. Said hearing was held at Globe, Arizona, on June 4,
1945. The Company, the CIO, and International Brotherhood of
-Electrical Workers Local B-518, AFL, herein called the AFL, ap-
peared and participated.' All parties were afforded full opportunity
to be heard,2 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 an opportunity to file briefs with the Board.
The Trial Examiner granted the AFL's motion to intervene . without objection.
z On June 8 , 1945, the International Brotherhood of Electrical Workers , AFL, requested
that the hearing be set aside , on the ground that it was not properly notified of the pro-
ceeding herein. We find no merit in this request . The intervenor is a local of the Inter-
national , and up to April 1, 1945, was the contractual bargaining representative of the
employees involved herein . It was duly served with notice of hearing , and thereafter,
appeared through its representative , made no objection to the proceeding, and was afforded
full opportunity to present its case Accordingly , the request is hereby denied.
63 N. L R B., No 56.
390
INTERNATIONAL SMELTING AND REFINING COMPANY 391
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
International Smelting and Refining Company, a subsidiary of
Anaconda Copper Mining Company, operates a plant at Inspiration,
Arizona, known as its Miami plant, where it is engaged in the business
of copper smelting. Most of the raw materials used in the Company's
operations are purchased outside the State of Arizona. During the
year 1944, the Company shipped from this plant 131,410,892 pounds
of blister copper to points outside the State of Arizona.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
IT. THE ORGANIZATIONS INVOLVED
International Union of Mine, Mill & Smelter Workers, affiliated
with the Congress of Industrial Organizations, is a labor organization
admitting to membership employees of the Company.
International Brotherhood of Electrical Workers, Local B-518,
affiliated with the American Federation of Labor, is a labor organiza-
tion admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about January 26, 1945, the CIO gave written notice to the
Company, requesting recognition as collective bargaining representa-
tive of the Company's employees in the electrical department. The
Company replied on or about January 29, 1945, declining such recog-
nition until the CIO has been certified by the Board in an appropriate
Unit .-3
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the CIO represents a substantial number of em-
ployees in the unit hereinafter found appropriate.4
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
3 The AFL's contract , terminating April 1 , 1945, is not asserted as a bar to this
proceeding.
4 The Field Examiner reported that the CIO submitted 6 dues record cards ; and that the
names of the 6 persons appearing on the cards were listed on the Company 's pay roll of Feb-
ruary 3, 1945, which contained the names of 19 employees in the alleged appropriate -nit.
The AFL submitted 11 authorization cards. The names of 9 persons appearing on 'the
cards were contained in the aforesaid pay roll.
4
392 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
In substantial accordance with the agreement of the parties and
upon the entire record, we find that the Company's electricians, the
electrician helper, cranemen, motormen, the charge trammer, and the
silica trammer,' excluding supervisory employees, foremen, and all
other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit appro-
priate for the purposes 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 an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction. ,
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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of•the investigation to ascertain representa-
tives for the purposes of collective bargaining with International
Smelting and Refining Company (Miami plant), Inspiration, Ari-
zona, 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
Twenty-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 Regulations, among the employees in the unit found
appropriate in Section IV, above, who were employed during the
pay-roll period immediately preceding the date of this Direction, in-
cluding employees who did not work during the said pay-roll period
because they were ill or on vacation or temporarily laid off, and in-
cluding employees in the armed forces of the United States who pre-
sent themselves in person at the polls, but excluding those employees
who have since quit or been discharged for cause and have not been
a This unit includes Charles A. Keaton.
The Board has previously found the same unit to be appropriate. See Matter of Inter-
national Smelting and Refining Company, 42 N. L. R. B. 1364.
INTERNATIONAL SMELTING AND REFINING COMPANY 393
rehired or reinstated prior to the date of the election, to determine
whether they desire to be represented by International Union of Mine,
Mill & Smelter Workers, CIO, or by International Brotherhood of
Electrical Workers, Local B-518, APL, 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 Election.