Miami Copper Co.

National Labor Relations Board - Board Decisions

Aug 10, 1942

42 N.L.R.B. 1351 (N.L.R.B. 1942)

L
O
In the Matter Of MIAMI COPPER COMPANY and INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL B-518, A F L.
In the Matter Of MIAMI COPPER COMPANY and INTERNATIONAL UNION
OF OPERATING ENGINEERS , LOCAL No 424, A F L.
In the Matter of MIAMI COPPER COMPANY and UNITED ASSOCIATION' OF
PLUMBERS AND STEAM FITTERS OF THE UNITED STATES AND CANADA,
LOCAL No 808, A F L
In the Matter Of MIAMI COPPER COMPANY and INTERNATIONAL BROTHER-
HOOD OF BOILER MAKERS, IRON SHIP BUILDERS & HELPERS, LOCAL
, ,No 187, A F.L.
In the Matter Of MIAMI COPPER COMPANY and INTERNATIONAL Asso-
CIATION OF MACHINISTS, GILA VALLEY LODGE No 1342, A ,F L.
In the Matter Of MIAMI COPPER COMPANY and INTERNATIONAL BROTHER-
HOOD OF BLACKSMITHS, DROP FORGERS AND HELPERS, LOCAL No
625,AFL
In the Matter of MIAMI COPPER COMPANY and UNITED BROTHERHOOD
OF CARPENTERS & JOINERS OF AMERICA, LOCAL No 1538
In the Matter Of MIAMI COPPER COMPANY and INTERNATIONAL UNION
- OF MINE, MILL AND SMELTER WORKERS -
Cases Nos R-3872 to R-8878 inclusive, respectavelp and R-3881.-
Decided August 10, 1942
Ju'risdiction'.'coppei,mining industry -
Investigat ion and Certification of Representatives : existence of questions re-
fusal to accord petitioners recognition, although several organizations made
showings of designation which would be insufficient ordinarily to justify the
holding of elections in units they proposed, under the circumstances, cus-
tomary 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 appropriateness
of separate units requested by craft and semi-industrial unions affiliated with
same parent organization, comprising several crafts and residual group of
employees, co-extensive with single unit requested by industrial union, or
single unit, held dependent upon desiies of employees
Dlr. Willard Y. Morris, for the Board
Mr Samuel H Morris, and Mr. James R Mallott, of Globe, Ariz.,
and Mr. R W Hughes, of Miami, Ariz., for the Company
42NLRB,No247
1351
1352 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Boilermakers
Mr. Howard Goddard, of Denver, Colo, and Mr Arthur Ashby,
.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 International Brotherhood of
Electrical Workei s, Local B-518, A. F L , herein called the I B. E. W.;
International Union of Operating Engineers, Local No 424, A F. L ,
herein called the Operating Engineers; United Associatibn of Plumb-
ers and Steamfitters of the United States and Canada, Local No. 808,
A. F. L, herein called the Plumbers; International Brotherhood of
Boiler Makers, Iron Ship Builders & Helpers, Local No 187,
A. F. L, herein called the Boilermakers; International Association
of Machinists, Gila Valley Lodge No. 1342, A. F. L, herein called the
1. A M ; International Brotherhood of Blacksmiths, Drop, Forgers
and Helpers, Local No. 625, A F L, herein called the Blacksmiths;
United Brotherhood of Carpenters & Joiners of America, Local No
1538, A. F L, herein called the Carpenters; and International Union
of Mine, Mill and Smelter Workers, C I 0, herein called the Smelter
Workers, each alleging that a question affecting commerce had arisen
concerning the representation of employees of Miami Copper Com-
pany, Miami, Arizona, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Thomas S Wilson, Trial Examiner The Board, the Company,
and the labor organizations set forth in Section IT, infra, appeared,
participated, and were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues At the close of the hearing, the Smelter Workers
objected to and moved to strike from the record statements of units
claimed to be appropriate by Globe-Miami Smelter Workers Union No.
22914, A F L , herein called Local No 22914, and Globe-Miami Miners
Union No. 23146, A F L, herein called Local No 23146, neither of
whom had filed petitions or had moved to intervene in the proceeding.
The Trial Examiner allowed these, organizations to state their claims
in respect to the appropriate unit and reserved ruling on the Smelter
Woikers' motion for the Board The motion is hereby denied. The
Trial Examiner's rulings made at the hearing are free from preju-
MIAMI COPPER COMPANY 1353
dicial error and aie hereby affirmed On July 1, 1942, the Smelter
Workers filed a brief which the Board has considered
Upon the entire record in the case, the Board makes, the following :
FINDINGS of FACT
I THE BUSINESS OF TIIE COMPANY
Miami Copper Company, a Delatii are corporation, is engaged in
the mining and milling of copper-bearing ore at Miami, Arizona
During 1941 the Company produced approximately 5 821,077 tons
of copper-bearing ore The copper concentrates from such ore were
transported to a smelter owned and operated by International Smelt-
ing and Refining Company There the concentrates were reduced
to blister copper and were shipped to points outside the State of
Arizona In 1941, the _ Company produced more than 36,000 tons
of blister copper During the same period the Company purchased
supplies and materials valued at approximately $2,000,000, of which
amount more than 50 peicent was shipped to it from points outside
the State of Arizona The Company employs approximately 1,344
employees. ,
II THE ORGANIZATIONS INVOLVED
International Brotherhood of Electrical Workers. Local B-518;
International Union of Opeiatmg Engineers, Local No 424; United
Association of Plumbers and Steam Fitters of the United States and
• Canada, Local No 808; International Brotherhood of Boiler Makers,
Iron Ship Builders & Helpers, Local No. 187; International Associa-
tion of Machinists, Gila Valley Lodge No 1342, International Broth-
erhood of Blacksmiths, Drop Forgers and Helpers, Local No 625;
United Brotherhood of Carpenters & Joiners of America, Local No.
1538, Globe-Miami Smelter Workers Union No. 22914; and Globe-
Miami Miners Union No 23146 are labor organizations affiliated
with the American Federation of Labor, admitting to membership
employees of the Company and are sometimes collectively called
herein the AFL Unions
International Union of Mine, Mill and Smelter Workers is a labor
organization affiliated with the Congress of Industi;ial Organizations,
admitting to membership employees of the Company
III. THE QUESTIONS CONCERNING REPRESENTATION
The parties stipulated that on January 21, 1942, the secretary
of the Arizona State Federation of Labor requested. by letter, an
opportunity to,present to the Company proof that the AFL Unions,
with the exception of the Carpenters, represented a majority of the
1354 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Company's employees within certain designated craft groups The
Company replied by merely acknowledging receipt of the letter
The parties further stipulated that on May 19, 1942, the Smelter
Workers requested recognition as the exclusive representative of the
Company's employees and that the Company made no reply
Statements of, the Regional Director and of the Trial Examiner
with respect to the authorization evidence submitted by the AFL
Unions and the Smelter Workers 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 Section 2 (6) and (7) of the National Labor
Relations Act
IV. THE APPROPRIATE UNITS
A Contentions of the parties
Each of the AFL Unions, with the exception of Local No 22914
and Local No. 23146, has petitioned for a bargaining unit composed
of the skilled employees of the Company who are hourly paid and
engaged in an occupation bringing them within the jniisdiction of
the respective petitioners. In the main, none of these organizations
seeks to represent unskilled or common laborers Local No 22914
seeks to represent the remaining surface employees not included in
the craft groups. Local No 23146 urges a unit composed of the
remaining employees working underground and not included in the.
1 The following tabulation sets forth the statements of the Regional Director and of the
Trial Examiner in regard to the authorization evidence submitted to them by the organiza-
tions herein involved
nion vidence
Num-
bar of
signs-
tures
ated
Appar-
ently
gen-
uine
signs -
tures
NuFi-
bar on
pay
roll
Nura
her in
unit
I B E W ________ Authorization list-- 15 Jan 1942 __________________ 15 15 34
Operating engi- Authorization list ___ 15 1 Oct 1941 ________________ 15 11 147
neers 4 Dec 1941________________ _______ _______ -------
2 Jaii 1942 - -------------- ------- ------ ------
5 Feb 1942---------------- ------- ------- -------3 Mar 1942 - -------------- ----- ------ -------Plumbers-------- Authorization list 14 - Undated 14 11 13
I A M___________ Authorization cards 42 12 Undated ___ __ 31 22 63
and list 17 Oct 1941_______________ _______ ______ -------
2 Nov 1941------------ -- ---- ------- -------
11 Feb 1942--------------- ------- ------- -------Blacksmiths ----- Authorization list--- 3 Dec 194]__________________ 3 2 8
Carpenters------__ Authorization list--- 5 Mar 1942 _________________ 5 5 13
Smelter workers. Authorization cards - 169 163 Between Sept '41 & 169 162 _____ _
Apr '42 6 undated
Smelter workers . Authorization cards - 114 Between Sept '40 & May 100 80 1,164
'42 r
Local No 23146 ___ Authorization cards - 22 Between Mar & May'42 22 17 751
Local No 22914--- None--- ------------ ------- ---------------------------- ------- ------ 144Boilermakers ----- Authorization list . 13 Undated 13 11 17
MIAMI COPPER COMPANY 1355
unit sought 'by the other AFL unions. On the other hand, the
Smelter Workers denies the appropriateness of the units proposed
by the AFL Unions and insists that only an industrial unit is appro-
priate, embracing all production and maintenance employees with
the exception of supervisory, clerical, and technical employees, watch-
men, and janitors The Company takes no position on the unit
problem
The Company's operations, cover approximately 1,600 acres and
center about its 5 mine shafts, all of which are connected under-
ground After the ore is mined, it is conveyed to the crusher where
it is ciushed and screened The ore is further reduced in size in the
concentrator's ball mills Flotation machines extract the copper
content from the ore, producing copper concentrates. In the filter
plant, the water content is removed from the concentrates The
Company operates a power plant which supplies approximately 80
percent of the electric energy required for the Company's operations.
A general ,machine shop is located in the concentrator building and
is concerned chiefly with the maintenance of the concentrator equip-
ment Pipe, carpenter, electrical, and boilermaker shops are located
at the collar of the main shaft and work exclusively in conjunction
with the mining department The purchasing department embraces
the warehouse functions
The I B E W seeks to represent the electric-lamp repairmen, the
armature winder, electricians, electrician helpers, electrician appren-
tices, trouble shooters, and substation operators of the electrical and
mine departments; surface motormen of the mine surface and fram-
ing shops, and the craneman of the mechanical department The
electricians, assisted by the helpers and apprentices, maintain and
repair electrical equipment on the surface and in the inines The
trouble shooters are engaged chiefly in inspection work, visiting
electrical equipment about the plant to ascertain that it is working
properly The substation operators are in charge of the electrical
equipment operating the main skip hoist and make minor and emer-
gency repairs for such- equipment The motormen open ate storage
battery locomotives to transport supplies and timber from the ware-
house to various points about the plant The craneman operates
an electric crane
The Operating Engineers includes in its uiiit the operators, oilers,
screenmen, and pumpmen of the concentrator department These
employees are in charge of the machines, screens, pumps, and other
equipment used in ' the concentrator operations The oilers grease
and oil all such machines. The Operating Engineers would also
represent the test engineer, oilers, and firemen of the power plant.
The test engineer makes chemical analyses of water supplied to the
1356 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
boilers which are tended by the firemen The engineers of the mine
department are engaged in the operation of hoists which lower men
and supplies into the mines and which carry ore out 'of the mines.
Elevator men, underground pumpmen, and electrical-depaitment
pumpmen are also included in the unit sought by the Operating
Engineers.
The Plumbers contends that pipe fitters, pipe-fitter helpers, and the
pipe repairman of the pipe shop constitute an appropriate unit The
pipe repairman spends most of his time in the inspection of the Coin-
pany's fire-fighting equipment The remaining pipe-shop employees
install and maintain all pipe lines on the surface and occasionally
work in the mines.
The unit proposed by the Boilermakeis embraces the combination
welder, welder apprentices, boilermakers, boilermaker helpers, and
boilermaker apprentices of the mechanical department, as well as the
welder, the apprentice welder, car repairmen, and helpers of the
mine-surface shops These employees are engaged in laying out and
assembling sheet-metal work both in the shop and in the field The
car repairmen maintain ore cars used in the mines
The I. A. M. proposes a unit composed, in geneial, of machinists,
machinist helpers, machinist apprentices, repairmen, and repair help-
ers employed in the maintenance and repair of equipment of the
Company's various departments
The Blacksmiths alleges that the blacksmiths, blacksmith helpers,
the drill sharpener, the steel temperer, the bit grinder, and the bit
temperer of the mine-surface shops constitute an appropriate unit
These employees are engaged in sharpening, repairing, and temper-
ing tools, bits, and other equipment used in the mines
The Carpenters proposes a unit embracing the millwright of the
concentrator department, the employees in the carpenter shop en-
gaged in the maintenance of company-owned houses and buildings,
and the sawyers of the framing shop who operate power saws to cut
timber for use in the mines.
Local No 23146 desires to represent the remaining employees work-
ing in the underground department These employees, in general,
are engaged in various phases of the mining operation. Local No.
22914 urges a unit composed of the employees who work on the sur-
face and are not included in the above units. Such a unit embraces
laborers, samplers, janitors, truck drivers, and the gardener. These
two organizations thus contend that two residual units of production
and maintenance employees are appropriate,-one consisting of under-
ground employees and the other of surface employees. We are of the
opinion, especially in view of the lack of any substantial showing by
these two Federal locals that the employees have organized on any
MIAMI COPPER COMPANY 1357
0
such basis, that such a distinction is unwarranted The request of
Local No. 23146 and Local No 22914 for the establishment of two
separate residual units is hereby denied.
The Smelter Workers denies the appropriateness of the units
sought by the AFL Unions and contends that all production and
maintenance employees, excluding supervisory, clerical, and technical
employees, watchmen, and janitors, constitute an appropriate unit.
From the foregoing, it appeals that the employees in the units pro-
posed by the I B E W, the Operating Engineers, the Plumbers, the
Boilermakers, the I A M, the Blacksmiths, and the Cai penters and
the remaining production and maintenance employees might properly
constitute selmuate bargaining units of might be merged in the single
industi ral unit ui ged by the Smelter Woi keys 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
There' remains for consideration the specific composition of the
voting units
The AFL Unions and the Smeltei Workers are agreed that the
mill-office cleik, assay chemists, field-laboratory operators, and bosses
of the concentiatoi department, the mine-shop foreman and the engi-
neer clerk of the mine-surface shops, the iodman, clerks, contract
checker s, and bosses of the mine department, engineers and the boiler-
ioom foienian of the power plant, the warehouse clerk and foremen
of the warehouse, telephone operators and the electric-shop clerk;
foremen of the pipe shop, the foreman of the framing shop; and the
iodiiian, machine-sliop office clerk, repair and construction bosses,
labor bosses, and watchmen of the mechanical and general surface
shops should be excluded from any unit Since the authority and
duties of these employees differ substantially from those of the pro-
duction and ,maintenance nn oikeis, we shall exclude them from the
voting units
The AFL Unions would exclude from the units which they contend
to be appropriate, the wnaiehouseman of the purchasing department,
whom the Smelter Workeis desires to include in its unit He, spends
50 percent of his time in clerical work and the remainder in filling
requisitions for supplies and loading orders on the trucks Since a
substantial portion of his work is connected with production and
maintenance functions, we shall include him in the residual vot-
ing unit
2 See Matter of Phelps-Dodge Go? poi atlon and Bisbee Maness Union, .#22792, and Ameri-
can Federation of Labor, et at, 41 N L R B 140, and cases cited therein
1358 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Smelter Workers urge the exclusion of the following classifi-
cations of employees which the AFL Unions desire to represent:_
1 The janitors of the mechanical, concentrator, and mine-surface
shops departments clean the change rooms and the shops, Since their
work is within the maintenance category, we shall include the janitors
in the residual voting unit
2 The gardener cares for the yards and plantings around the
offices of the Company As his duties aie substantially different from
those of the production and maintenance workers, we shall exclude
the gardener from the units
3 The fit st-aid inspector stocks and keeps in proper condition first-
aid equipment at various stations in the mines His duties are obvi-
ously um elated to those of production and maintenance employees and
we shall accordingly exclude him from the voting units.
4 Approximately 19 part-tile bosses assume the supervisory duties
of regular bosses, whom we have excluded from the voting units pur-
suant to the agreement of the parties , While acting in such capacity,
the part-time bosses have authority to recommend discharge of em-
ployees subject to their control The part-time bosses do not appear
on the pay roll under that designation but are listed under various
production and maintenance classifications A list of the part-time
bosses, prepared by the Company and introduced into evidence, shows
that most of them' are regularly employed as part-time bosses from
1 to 3 days each week and that some are apparently temporarily as-
signed to supervisory positions on infrequent occasions In view of
these circumstances, we shall exclude from the voting units those part-
time bosses who are regularly employed in that capacity but shall
include in the voting units those who are only temporarily assigned
to the position of part-time bosses
5 The,test engineer makes analyses of water used in the,boilers
of the power plant Since his duties are of a technical nature, we
shall exclude him from the voting units
Upon the basis of the entire record, and in accordance with the
foregoing findings of fact, we shall order elections among the em-
ployees of the Company within the groups described below, including
therein temporary part-time bosses, but excluding therefrom bosses
and regular part-time bosses -
1. The electricians and electrician helpers of the mine department;
the aimature winder, ^ electricians, electrician helpers, electrician ap-
prentices, trouble shooters, and substation operators of the electrical
department; the surface motorman and the electric-lamp repairman
of the mine-surface shops, the surface motorman of the framing shop;
and the craneman of the mechanical department, excluding power-
plant engineers' and' the electric-shop cleik; to determine whether they
MIAMI COPPER COMPANY 1 1359
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 operators, oilers, sci eenmen, and pumpmen of the concen-
trator department; engineers of the mine-surface. shops; elevatormen
and underground pumpmen of the mine department, and pumpmen
of the electrical department, excluding the test engineer of the power
plant, to determine whether they desire to be represented by the Oper-
ating Engineers or by the Smelter Workers, for the purposes of
collective bargaining, or by neither; ,
3 The pipe fitters, pipe-fitter helpers, and the pipe repairman of
the pipe shop, excluding pipe-shop foremen, to determine whether
they desire to be represented by the Plumbers or by the Smelter Work-
ers for the purposes of collective bargaining, or by neither;
4. The boilermakers, boilermaker helpers, the boilermaker appren-
tice, the combination welder, and welder apprentices of the mechanical
department; and the welder; the apprentice welder, the car repair-
man, the car-repair helpers of the mine-surface shops, to -deter-
mine whether they desire to be represented by the Boilermakers or
by the Smelter Workers, for they purposes of collective bargaining, or
by neither ;
5 The repairmen and repair helpers of the concentrator, depart-
ment; machinists, machinist helpers, the machinist apprentice, the
drill-press operator, the surface repairman, and the drill repairman of
the mine-surface shops; the underground repairman of the mine de-
partment; repairmen and the repair helper of the power plant; and ma-
chinists, machinist helpers, machinist apprentices, repairmen, repair
helpers, and the auto mechanic of the mechanical department, ex-
cluding the machine-shop office clerk and repair and construction
bosses, to determine whether they desire to be represented by the
I A. M or by the Smelter Workers, for the purposes of collective
bargaining ; or by neither;
6 The blacksmiths, blacksmith helpers, the drill sharpener, the
steel temperer , the bit grinder, and the bit temperer of the mine-
surface shops , to determine' whether they desire to` be represented by
the Blacksmiths or by the Smelter Workers, for the purposes of
collective bargaining, or by neither`;
7. The carpenters and the carpenter helper of the carpenter shop,
the millwright of the concentrator department; and the sawyers of
the framing shop, excluding the framing-shop foreman , to determine
whether they desire to be represented by the Carpenters or by the
Smelter Workers , for the purposes of collective bargaining, or by
neither; and
8. The remaining employees of the underground and surface depart-
ments, includmg.the warehduseman of the purchasing department and
1360 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
janitors of the mechanical, concentrator, and mine-surface shops de-
partments, but excluding the mill-office clerk, assay chemists, field
laboratory operators, and bosses of the concentrator department, the
mine-shop foreman and the engineer clerk of the mine-surface shops,
the rodman, clerks, contract checkers, and bosses of the mine depart-
ment; engineers and the boiler-room foreman of the power plant, the
warehouse clerk and foremen of the warehouse department, telephone
operators and the electric-shop clerk, foremen of the pipe shop, the
foreman of the framing shop; the rodman, the machine-shop office
clerk, repair and construction bosses, labor bosses, and watchmen of
the mechanical and general surface departments; the gardener; the
first-aid inspector of the mine department, and the test engineer of
the power plant, to determine whether they desire to be repiesented
by the American Federation of Labor or by the Smelter Workers, for
the purposes of collective bargaining, or by neither.
As stated above, theie will be no final determination of £he appro-
priate unit or units pending the results of the elections Those groups
choosing the AFL Unions as their bargaining representative will con-
stitute separate and distinct appropriate units The groups that
Lhoose the Smelter Workei s 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 3 indicate that the I B E W ,
the Plumbers, the Boilermakers, the I A M, and the Carpenters
represent a substantial number of employees within the units urged
by them to be appropriate. Under usual ciicumstances, the authoriza-
tion evidence submitted by the Operating Engineers, the Blacksmiths,
the Smelter Workers, Local No 23146, and Local No 22914, would be
insufficient to justify the Board in conducting elections in the units
which those organizations contend are appropriate However, since
we are directing elections among several groups of the Company's
employees, we are of the opinion that as a matter of expediency our
customary rule should be relaxed in order to afford all employees of
the Company an opportunity to vote in the elections We shall accord-
ingly order elections to be conducted in the craft groups urged by the
Operating Engineers and the Blacksmiths and among the residual
production and maintenance employees not included in the units urged
by the other AFL Unions, but we shall not certify any union as the
collective bargaining representative of employees in any of these
3 See footnote 1, supra
MIAMI COPPER COMPANY 1361
three groups unless a majority of the employees eligible to vote in each
of such groups actually participate in the elections.
The Smeltei Woikeis desire to be designated on the ballots as
Miami Miners' Union, Local No 586, International Union of Mine,
Mill and Smelter Workers, C I 0 The request is hereby granted.
To determine eligibility, to, vote,, the AFL Unions urge the use of
the pay roll immediately preceding the election and the Smelter
Workers request the use of a pay roll current at the time of the
hearing because of the constant increase in the number of employees
in 'similar mines elsewhere A statement compiled by the Company
and introduced into evidence indicates that the change in the number
of employees is not exti aordinai ily unusual We accordingly find
that the employees eligible to vote in the election shall be those who
were employed during the pay-roll per rod immediately preceding
the date of the Dnection of Elections herein, subject to such limita-
tions and additions as are set forth in the Direction.
'DIRECTION OF ELECTIONS
By vntue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions 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 put of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with Miami Copper Company, Miami, Arizona, elections by secret
ballot shall be conducted as e.uly as possible, but not later than thirty
(30) days from the date of this Dn_ection, under the direction and
supervision of the Regional Dnectoi for the Twenty-second Region,
acting in this matter as agent for the National Labor Relations
Board. and subject to Article III, Section 9, of said Rules and Regula-
tions, among all employees of the Company in each of the groups
descr rbed below who were employed duiing the pay-roll period im-
mediately preceding the date of this Direction of Elections, includ-
ing temporary part-time bosses and employees who did not work
during that pay-roll period because they were ill or on vacation or in
the active military service or flaming of the United States, or
tempos a illy laid off, but excluding bosses, regular part-time bosses,
and employees who have since quit of been discharged for cause :
(1) The electricians and electrician helpers of the mine depart-
ment, the armature winder, electricians, electrician helpers, electri-
- cyan apprentices, trouble shooters,,, and substation operators of the
electrical department, the 'sulfate motorman and the `electric-lamp
472514-42-{ of 42--8G
1362 , DECISIONS OF NATIONAL LABOR, RELATIONS BOARD
repairman of the mine-surface shops; the surface motorman of the
framing shop, and the craneman of the mechanical department, ex-
cluding power-plant engineers and the electric-shop clerk, to deter-
mine whether they desire to be represented by International Brother-
hood of Electrical Workers, Local B-518, 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 bargain-
ing ; or by neither ;
(2) The operators, oilers, screenmen, and pumpmen of the con-
centrator department; engineers of the mine-surface shops; elevator-
men and underground pumpmen of the mine department; and
pumpmen of the electrical department,-,excluding the test engineer
of the power plant, to determine whether they desire to be represented
by International Union of Operating Engineers, Local No 424,
A F L, or by Miami Mineis' 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 pipe fitters, pipe-fitter'helpers, and the pipe repairman of
the pipe shop, excluding pipe-shop foremen, to determine whether
they desiie to be represented by United Association of Plnmbeis and
Stearn Fitteis of the United States and Canada, Local No. 808,
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; -
(4) The boilermakers, boilermaker helpeis, the boilermaker ap-
prentice, the combination welder; and welder, apprentices' of the
mechanical department, and the welder, the apprentice welder, the
car repairman, and car-repair helpers of the mine-surface shops to
determine whether they desire to be represented by Inteinational
Brotherhood of Boiler Makers, Iron Ship Builders & Helpers, Local
No 187, A F. L, or by Miami Miners' Union, Local No. 586, Inter-
national Union-of,Mine; Milt,and"Smelter`Workers,^C'°I. O,'for the
purposes of collective bargaining, or by neither; ,
(5) The repairmen and repair helpers of the concentrator depart-
ment; machinists, machinist helpers, the machinist apprentice, the
drill-press operator, the surface repairman, and the drill repairman
of the mine-surface shops; the underground repairman of the mine'
department; repairmen and the repair helper of the power plant;
and machinists, machinist helpers, machinist apprentices, repair-
men, repair helpers, and the auto mechanic of the mechanical depart-
ment, excluding the machine-shop office clerk and repair and
construction bosses, to determine whether they desire to be repre-
sented by International Association of Machinists, Gila Valley,Lodge
No. 1342, A. F. L., or' by Miami Miners' , Union, Local' No 586,
rr
MIAMI COPPER COMPANY 1363
International Union of Mine, Mill and Smelter Workers, C I 0, for
the purposes of collective bargaining, or by neither,
(6) The blacksmiths, blacksmith helpers, the dull sharpener, the
steel temperer, the bit grinder, and the bit temperer of the mine-
surface shops to determine whether they desire to be represented
by International Brotherhood of Blacksmiths, 'Drop Forgers and
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 ;
(7) The carpenters and the carpenter helper of the carpenter shop,
the millwright of the concentrator department; and the sawyers of
the framing shop, excluding the' framing-shop foreman, to determine
whethei they desire to be represented by United Brotherhood of
Carpenters & Joiners of America, Local No 1538, A. F L, or by
Miami Milers' Union, Local No 586, International Union of Mule,
Mill and Smelter Workers, C I 0 , for the purposes of collective
bargaining, or by neither ; and
(8) The remaining employees of the underground and surface
departments, including the waiehouseman,of the purchasing depart-
ment and janitors of the mechanical, concentrator, and mule-sun face
shops departments, but excluding the mall-office clerk, assay chemists,
field laboiatop y operators, and bosses of the concentrator department,
the mine-shop foreman and the engineer clerk of the mine-surface
shops, the rodman, clerks, contra act checkers, and bosses of the mine
department; engineers and the boiler-room foreman of the power
plant; the warehouse clerk and foremen of'the warehouse depart=
ment; telephone opeiators, and the electric-shop clerk, foremen of
the pipe shop; the foreman of the framing shop, the rodman, the
machine-shop office clerk, repair and construction bosses; labor bosses,
and watchmen of the mechanical and general surface departments;
the gardeners, the first=aid inspector-of the mine department, and
the, test engineer of the power,plant, to det0inine whether they desnn,e
to be represented by the American Federation of Labor 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.
MR GERARD D. REILLY took ifo part in the consideration of the
above Decision and Direction of Elections.