Kennecott Copper Corp.

National Labor Relations Board - Board Decisions

Dec 21, 1942

46 N.L.R.B. 208 (N.L.R.B. 1942)

In the Matter of KENNECOTT CCOPPEP. CORPORATION , NEVADA CONSOLI-
DATED COPPFR CORPORATION , RAY,AND GILA VALLEY RAILROAD COM-
PANY and AMERICAN FEDERATION OF LABOR
I
Case No. R-4510-Decided December 21, 1942
Jurisdiction : mining industry.
Investigation and Certification of Representatives : existence of question: re-
refusal to accord recognition until petitioner certified-by the Board; election
necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, excluding supervisors, clerks, technical employees, and watchmen.
Practice and Procedure : petition dismissed as to company which was subject
to Railway Labor Act.
Mr. R. W. Thomas, of Ray, Ariz., and Fennemore, Craig, Allen &
Bledsoe, .by Mr. R. M., Fennemore and Mr. 'H. M.-' Fennemore, of
Phoenix, Ariz., for the Companies.
Mr. Paul M. Peterson, of Washington, D. C., Mr. E. C. DeBaca, of
Albuquerque, N. Mex., Mr. Pablo Avalos and Mr. Mannuel Anayx, of
Sonora,•Ariz., for-the A. F. of L.
Mr. William C. Baisinger, Jr., of counsel -to the Board.
DECISION
DIRECTION OF ELECTION
AND
ORDER
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by American Fed-
eration of Labor, herein called the A. F. of L., alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Kennecott Copper Corporation, Nevada Consolidated Cop-
per Corporation, Ray, Arizona, herein collectively referred-to as the
Companies, and Ray and Gila Valley Railroad Company, Ray, Ari-
zona, the National Labor Relations 'Board provided for an appropri-
ate hearing upon due notice before Elmer L. Hunt, Trial Examiner.
Said hearing was held at Ray, Arizona, on November 10, 1942. The
46 N L R. B, No. 27.
208
KENNECOTT COPPER CORPORATION 209
Companies aiid the A. F. of L. appeared, participated,' and were af-
forded full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues. At the
hearing, the Companies and the A. F. of L. stipulated that the Ray
and Gila Valley Railroad Company is a common carrier engaged' in
the transportation of passengers and freight in interstate commerce
and is subject to the Interstate Commerce Act and the Railway Labor
Act. The, parties further stipulated that the petition of the A. F.
of L. be dismissed insofar as it pertains to the Ray and Gila Valley
Railroad Company. The Trial Examiner's rulings made at the hear-
ing are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANIES
Nevada Consolidated Copper Corporation and Ray and Gila Valley
Railroad Company are wholly owned subsidiaries of Kennecott
Copper Corporatiori;. a New York .corporation authorized to do busi-
ness in Arizona: The mines owned by Kennecott Copper Corporation
at Ray, Arizona, are operated by Nevada Consolidated Copper Cor-
poration under the designation of "Ray Mines Division," as agent
for Kennecott Copper Corporation. The Ray and Gila Valley Rail-
road Company operates a line running from Ray to Ray Junction,
Arizona, connecting with the Southern Pacific Lines at that point ;
and all the ore mined at the Ray, Arizona, mines of the Companies is
transported over this line by Nevada Consolidated Copper Corpora-
tion as agent for the Kennecott Copper Corporation, utilizing Kenne-
cott Copper Corporation cars and locomotives. From Ray Junction
the ore is shipped via the Southern Pacific Railroad to Hayden, Ari-
,z6la, where.it is,"concentrated, and, smelted, and shipped, to, the Ameri-
can Smelting and Refining, Company at Baltimore, Maryland. 'In
excess of 75 million pounds of copper is produced from the Com-
panies' Ray, Arizona, mines each year. The Companies admit that
they are engaged in commerce within the meaning of the National
Labor Relations Act.
II. THE ORGANIZATION INVOLVED I
American Federation of Labor is a labor organization admitting
to membership employees of the Companies.
I Previous to tile hearing , International Union of Mine, Mill and Smelter Workers, C I. 0 ,
filed a motion to intervene By telegram directed to the Taal Examiner at the hearing,-the
C. I. 0 entered its appearance and requested dismissal of its motion to Intel relic. The
Trial Examiner granted the request.
5U408; 'l3-vo1 4^--14
210 DECISIONS OF NATIONAL LABOR , RELATIONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
On or about October 8, 1942, the A. F. of L. advised the Companies
that it represented a majority of employees in the alleged appropriate
unit and requested recognition as bargaining agent for" these em-
ployees. The Companies refused to recognize the A. F. of L. unless
and until it is certified by the Board.
A statement of the Regional Director, introduced in evidence at
the hearing, indicates that the A. F. of L. represents a substantial
'number of employees in the unit, hereinafter found appropriate 2
We find that a question affecting commerce has arisen concerning
the representation of employees of the Companies, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The A. F. of L. claims, and the record supports its contention, that
a unit comprised of all production and maintenance employees of the
Companies' mine and mill at Ray, Arizona, excluding supervisors,
clerks, technical employees, watchmen, and employees of the Ray and
Gila Valley Railroad Company, is appropriate. The Companies took
no position with respect to the appropriate unit. Accordingly, we
fiildahat,all^productipn-and maintenance, employees-in,the Companies'
mine and mill at Ray, Arizona, excluding supervisors, clerks, techni=
cal employees, watchmen, and employees of the Ray and Gila Valley
Railroad Company, constitute a unit appropriate 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
Election 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 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
2 The Regional Director ' s statement shows that the A F. of L. submitted 39 application-
for-membership cards and 320 authorization cards , all bearing apparently genuine original
signatures . Of these cards , 1 47 are undated and the remaining cards are dated in Septem=
her and October 1942 , and 314 bear names of persons appearing on the Companies ' pay rolls
of September- 1942,•which • contains 729: names ; of persons in the alleged` unit.
K'ENNECOT'T COPPER CORPORATION 211
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Kennecott' Copper
Corporation and Nevada Consolidated Copper Corporation, Ray,
Arizona, 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 Direc-
tor for the Twenty-second Region, acting in this matter as agent for
the National Labor Relations Board, and subject to Article III, Section
10, of said Rules'%and Regulations, among the, employees dn the unit
found appropriate in Section IV, 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, and in-
cluding employees in the armed forces of the United States who
present themselves in person at the polls, but excluding employees
who have since quit or been discharged for cause, to, determine
whether or not. they desire to be represented by American Federation
of Labor for the purposes of collective bargaining.
ORDER
IT -I8 HEREBY ORDERED , that the, ,petition be,-, and it hereby is, dis-
missed , insofar as 'it alleges that a question affecting commerce has
arisen' concerning the representation of employees of Ray and Gila
Valley Railroad Company.