Phelps Dodge Copper Products Corp.

National Labor Relations Board - Board Decisions

Feb 3, 1943

47 N.L.R.B. 310 (N.L.R.B. 1943)

In the Matter of PHELPS DODGE COPPER PRODUCTS CORP. , and -INTER-
NATIONAL UNION OF MINE , MILL & SMELTER WORKERS ,'i C. I. O.
Case No. R-4767.-Decided February 3, 1943
Jurisdiction : copper products manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition on ground that iequest was premature
since plant involved was in' the process of expansion ; immediate election di-
rected notwithstanding contemplated increase in personnel, in view of present
employment of over 50 percent of the anticipated employees ; elecon necessary
Unit Appropriate for Collective Bargaining : hourly rated production aiid main-
tenance employees at one of Company's plants, with specified inclusions and
exclusions; stipulation as to.
Mr. Wylie Brown- arid DebevoiseStevenson, Plimpton cC Page, by
Charles F. Bailey and' Lewis Moore, of New York City; for the
Company. '
Mr. Nathan Witt, Mr. Harold I. Cammer, and Mr. Sidiiey N. Gitel-
man, of New York City, for the Union.
Mr. William C. Baisinger, Jr., of counsel to the Board.,
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union of ''line, Mill &
-Smelter Workers, Local 700, C. I. 0., herein called the Union,' alleg-
ing that a question affecting commerce had arisen concerning the repre-
sentation of employees at the Los Angeles, California, plant operated
by Phelps Dodge Copper Products Corporation, New', York City,,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Jack Davis,
Trial Examiner. Said hearing was held at New York ,City on De-
cember 22, 23, and 29, 1942, and on January 8, and 11, 1943. The
Company and the Union, appeared, participated, and were afforded
full opportunity to be heard, to examine and cross-examine witnesses,
1 At the hearing, the Trial Examiner reserved ruling on the motion of the Union to
amend the petition by omitting the words "Local 700 " appearing therein . The motion
is hereby granted.
47 N. L. R. B., No. 35. _
310
PHELPS "DODGE COPPER' PRODUCTS CORP. 311
and to introduce evidence bearing on the issues.2 The Trial Exam-
iner's rulings made at the hearing are free from prejudicial error and
are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Phelps Dodge Copper Products Corporation is a Delaware corpora-
tion having its principal office in New York City. It is engaged at
a plant located in Los Angeles, California, in the manufacture and
sale of all types of copper rods, wires, cables, and similar articles.
The Los Angeles plant involved in this proceeding was constructed
by the Company with the funds of and is owned by Defense Plant
Corporation and is operated by the Company for the United States
Navy. This-plant has been in operation since July 15, 1942, and has
thus far and will normally purchase raw materials, consisting of cop-
per, zinc, nickel, aluminum, and tin, valued in excess of $100,000
annually, of which over 80 percent-has been and will be purchased
and shipped to the plant from points outside the State of California.
The Company has to date and will normally manufacture annually
finished products valued in excess of $100,000, over 75 percent of which
has been and will continue to be transported from the plant to points
outside the State of California. The Company does not contest the
jurisdiction of the Board in this proceeding.
II. THE ORGANIZATION INVOLVED
International Union of Mine, Mill & Smelter Workers is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Union has requested the Company to recognize it as the bar-
gaining representative of employees in an alleged appropriate bargain-
ing unit. The Company refused to grant such recognition because
it contends that the request was premature since its Los Angeles plant
Is in the process of development and expansion.
2International Association of Machinists, Los Angeles Lodge No 311', was notified of
the hearing but advised the Regional Office that it did not desire to participate in this
proceeding ,
312 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
A report by the Trial Examiner and a stipulation of the parties,
made at the hearing, indicates that the Union represents a substantial
number of employees in the unit hereinafter found appropriate.3
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.
IV. THE APPROPRIATE UNIT
We find, in accordance with the' stipulation of the parties, that all
hourly rated production and maintenance employees, including mill
or production clerks and inspectors, but excluding foremen, assistant
foremen, supervisory employees, employees having the right to recom-
mend or the authority to hire or discharge, technical and engineering
employees, timekeepers, watchmen, guards, and office and clerical em-
ployees other than mill or production clerks, 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
As previously noted, the Company raises the issue of an expanding
unit and contends that the petition filed herein is premature. It ap-
pears that the Los Angeles plant of the Company began actual produc-
tion on or about July 15, 1942, and employed 560 persons in the
appropriate unit as of December 16, 1942. As nearly as could be ap-
proximated, the plant expansion program calls for a peak employment
of slightly over 1000 employees in the appropriate unit. This peak is
expected to be reached by June 1943. We are of the opinion that since
the Company at present employs over 50 percent of the anticipated
personnel, the purposes of the Act will be best effectuated by making
collective bargaining an immediate. possibility for these employees.
Accordingly, we shall proceed with an immediate determination of
representatives and we shall direct that the question concerning repre-
sentation which has arisen be resolved by an election by secret ballot
among the employees in the appropriate unit who were employed dur-
ing 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.
3 The report of the Trial Examiner supplemented by the stipulation of the parties shows
that the Union produced 221 membership cards bearing apparently genuine signatures of
employees on the Company's pay roll of December 16, 1942, which contains the names of
560 persons in the appropriate unit. The Company did not submit a pay-roll list, but did
produce the' checks of 560 employees whom it stated were in the unit and on the pay roll
of December 16, 1942. Membership cards were dated in and about September and Decem-
ber 1942.
PHELPS DODGE COPPER PRODUCTS CORP. 313
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 Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DrnEcT that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Phelps Dodge
Copper Products Corporation, New York City, at the Los Angeles,
California, plant operated by it, 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 Arti-
cle III, Section 10, 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, including employees who did not work during said pay-roll
period because they were ill or on,vacation or temporarily laid off, and
including 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 International Union of Mine, Mill
& Smelter Workers, C. I. 0., for the purposes of collective bargaining.
I