Phelps Dodge Corp.

National Labor Relations Board - Board Decisions

Apr 3, 1942

40 N.L.R.B. 180 (N.L.R.B. 1942)

In the Matter of PHELPS DoDGE CORPORATION. (NEW. CORNELIA BRANCH)
and BROTHERHOOD OF LOCOMOTIVE FIREMEN. & ,ENGINEMEN
In the Matter of PHELPS 'DODGE !CORPORATION ('NEW 'CORNELIA
-BRANCH) and, BROTHERHOOD OF RAILROAD'TRAINMEN
In the Matter, of PHELPS DODGE CORPORATION (MORENCt BRANCH)'
and BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN
In the Matter Of PHELPS DODGE 'CORPORATION ',(MORENCT.BRANCH)
and BROTHERHOOD OF RAILROAD TRAINMEN
Cases Nos. R-3513 to R-3516, inclusive, respectively.Decided April
3, 1942
Jurisdiction : Copper mining industry.
Investigation and Certification of Representatives : existence of question : refusal
to accord petitioners recognition; contracts entered into after notice,of rival
union's claim of representation and after notice fiom Regional Director of
rival union's filing of petition, no bar to; election necessary.
Units Appropriate for Collective Bargaining:
Two units, one composed of engineers, motormen, firemen, hostlers, and
hostler helpers, and the other composed of brakemen, yardmen, switchmen,
switchtenders, lookout men, and dispatchers, held appropriate despite conten-
tion of rival union that only a plant-wide unit is appropriate and despite the
fact that there is some interchange of employees, since the skill required in
the performance of the work of train-service employees differs in degree and
kind from that required in other mine operations.
Mr. Denison Kitchel, of Phoenix, Ariz., for the Company.
Mr. C. H. Smith, of Fort Worth, Tex., Mr. J. W. Donahue, of
Morenci, Ariz., and Mr. D. G. Taylor and Mr. J. E. Carter, of Ajo,
Ariz., for the B. R. T.
Mr. George A. Meade, of Chicago, Ill., Mr. J. D. Peters, of Ajo,
Ariz., and Mr. Julian B. Swain, of Morenci, Ariz., for the B. L. F. E.
Mr. J. C. Fitzgerald, of Los Angeles, Calif., for the Operating
Engineers.
Mr. F. C. Behan, of Ajo, Ariz., and Mr. C. P. Flynn, of Phoenix,
Ariz., for the Ajo Council.
Cllr. Thomas B. Poe and Mr. Robert L. Carson, of Morenci, Ariz.,
and Mr. C. P. Flynn, of Phoenix, Ariz., for the Morenci Council.
Mr. Frederic B. Parkes, 2nd, of counsel to the Board.
40 N. L. R. B., No 26.
180
PHELPS DODGE CORPORATION
DECISION.
AND
DIRECTION, OF ELECTIONS
STATEMENT OF THE CASE
181
On November 4, 1941, Brotherhood of Locomotive Firemen & En-
ginemen, herein called the B. L. F. E., and Brotherhood of Railroad
Trainmen , herein called ' the B: R: T., sometimes collectively called the
Brotherhoods , each filed with , the Regional Director for the Twenty-
first Region (Los Angeles, California) a petition alleging that a
-question affecting commerce had arisen concerning the representation
of employees of Phelps Dodge Corporation ( New Cornelia Branch),
Ajp, Arizona , herein called the Company , and requesting an. inves-
tigation and certification of representatives pursuant to,Section 9 (c)
of the National Labor Relations Act, 49 Stat ., 449, herein called the
Act. On November 21, 1941, the Brotherhoods each filed with the
Regional Director a similar petition alleging that a question affecting
commerce had arisen concerning the representation of employees of
Phelps Dodge Corporation (Morenci Branch), Morenci, Arizona.
On January 14, 1942, the National . Labor Relations Board, herein
called the, Board,, acting pursuant to Section 9 (c) of the Act, and
Article III, Section- 3, of National Labor Relations Board Rules and
Regulations-Series 2, as amended, ordered an investigation in each
case, and authorized the Regional Director to conduct it and to pro-
vide for an appropriate hearing ,upon due notice , and, acting pursuant
to Article III, Section 10 (c) (2), of said Rules and Regulations,
ordered that the cases be consolidated.
On January, 21, 1942, the Regional Director issued a notice of hear-
ing,.copies of which were duly served upon the Company , the B. L.
F. E., and the B. R. T., and upon International Union of Operating
Engineers , herein called the Operating Engineers , a labor organiza-
tion claiming to represent employees directly affected by the inves-
tigation . Pursuant to notice , a hearing was held on February 2, 3, 4,
and 5, 1942 , at Phoenix, Arizona, before Maurice J. Nicoson , the Trial
Examiner duly designated by the Chief Trial Examiner. At the coin-
menceinent of the hearing, Clifton-Morenci Metal Trades Council,
herein called the Morenci Council, and Ajo Metal Trades Council,
herein called the Ajo Council, sometimes collectively called the Coun-
cils, filed' a, joint motion to intervene , which was granted by the Trial
Examiner. The Company, the B. L. F. E., the B'. R. T., the Operating
Engineers , the Morenci Council , rind the Ajo Council were represented
and participated in the hearing. Full opportunity to be heard, to
examine and cross-examine witnesses , and to introduce evidence bear-
182 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ing on the issues was afforded all parties. During the course of the
hearing, the Trial Examiner made various rulings on motions and on
objections to the admission of evidence. The Board has reviewed the
rulings of the Trial Examiner and finds that no prejudicial errors
were committed. The rulings are hereby affirmed. On February 23,
1942, the Brotherhoods filed a join brief, and on the same date the
Operating Engineers and the Councils filed .a joint brief. The-Board
has considered all briefs.
Upon the entire record in the case, the Board makes the following
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Phelps Dodge Corporation, a New York corporation, is engaged in
the 'mining, refining, and fabrication of copper. It wholly owns
numerous subsidiary mining, copper-refining, copper-fabricating;
public-utility, mercantile, railroad, and other companies, in Mexico,
New York, New Jersey, Indiana, California, New Mexico, Texas, and
Arizona. The instant proceeding is concerned solely with the opera-
tions of the Company's New Cornelia Branch at Ajo, Arizona, and the
Company's Morenci Branch at Morenci, Arizona, where the Company
is engaged in the business of mining and concentrating copper and
other metal-bearing ores. During 1941 approximately 7,000,000 tons'
of ore were mined at the Company's New Cornelia Branch. All the
concentrates derived therefrom, after going through a smelting proc-
ess, were shipped to points outside the State of Arizona. During the
same period, approximately 900,000 tons of ore were mined at the
Company's Morenci Branch. The concentrates derived therefrom,
after going through a smelting process, were also shipped to points
outside the State of Arizona. The Company employs approximately
1,119 employees at its New Cornelia Branch and approximately 2,292
employees at its Morenci Branch.
The Company admits that its operations affect commerce within
the meaning of the Act.
II. THE ORGANIZATIONS INVOLVED
Brotherhood of Locomotive Firemen and Enginemen is an unaffili
'ated labor organization admitting employees of the Company to
membership.
Brotherhood of Railroad Trainmen is an unaffiliated labor organiza-
tion admitting employees of the Company to membership.
International Union of Operating Engineers is a labor organization,
affiliated with the American Federation of Labor, admitting
employees of the Company to membership.
PHELPS DODGE. CORPORATION 183
Clifton-Morenci Metal Trades Council is a labor organization
affiliated with the American Federation of Labor. Included among
its affiliates are United Association of Journeymen Plumbers and
Steamfitters of the United States and Canada; International Brother-
hood of Electrical Workers of America ; Brotherhood of Boiler Mak-
ers, Iron Ship Builders and Helpers of America; Clifton-Morenci
Mine and Smelter Workers' Union, No. 22852; International Union of
Operating Engineers, No. 421; International Association of Machin-
ists, No. 1132; International Brotherhood of Carpenters, Joiners and
Helpers; International Brotherhood of Teamsters, Chauffeurs, Ware-
housemen and Helpers of America, No. 310; International Brother-
hood of Blacksmiths, Drop Forgers and Helpers; Brotherhood Rail-
way Carmen of America ; Morenci Mill Workers Union, No. 22893 :
and Office & Technical Workers Union, No. 22913, all of which are
labor organizations admitting employees of the Company - to
membership.
Ajo Metal Trades Council is a labor organization affiliated with
the American Federation of Labor. Included among its affiliates are
International Brotherhood of Electrical Workers, Local #B-523;
International Brotherhood of Boiler Makers, Iron Ship Builders,
Welders, and Helpers, Local #479; International Brotherhood of
Carpenters and Joiners of America, Local #238; International Broth-
erhood of Teamsters, Chauffeurs, Warehousemen and Helpers of
America, Local #310; Ajo Mine and Mill Workers, Local #22866;
International Brotherhood of Machinists, Local #1357; Brotherhood
Railway Carmen of America; Brotherhood of Painters, Decorators,
Glaziers, Paper Hangers of America, Local #596; International
Union of Operating Engineers, Local #423; International Brother-
hood of Blacksmiths, Drop Forgers and Helpers of America; and
United Association of Journeymen Plumbers and Steam Fitters of
United States and Canada, all of which are labor organizations admit-
ting employees of the Company to membership.
III. THE QUESTIONS CONCERNING REPRESENTATION
On May May 29, 1941, the B. L. F. E. requested that the Company
recognize it as the bargaining agency for the engineers and firemen
employed at the Company's New Cornelia Branch, 'and on July 16,
1941, submitted 42 authorization cards to the Company in support of
its claim to represent those employees. In a letter dated July 16, 1941,
the Company refused to grant such recognition on the ground that the
unit proposed was inappropriate. On October 30, 1941, the Brother-
hoods notified the Company by telegraph that they represented a sub-
stantial majority of the employees in the train and switching service
184 DECISIONS OF' NATIONAL LABOR RELATIONS BOARD
of the Company's New Cornelia and Morenci Branches. On: Novem-
ber 1, ,1941, the Company refused to recognize the Brotherhoods for,
the reason that the units requested were inappropriate. On November,
4 and 5, 1941, the Brotherhoods again sent telegrams to the Company;
urging it not to recognize or sign contracts with any other organiza-
tion covering employees of its New Cornelia and Morenci Branches in
the engine and switching service, the majority of whom the Brother-
hoods claimed to represent. On November 5, 1941, the Company re-
plied that it would consider the units proposed by the Brotherhoods
to be inappropriate until the Board ruled to the contrary. OirNovem-
ber 21, 1941, and January 9, 1942, the Brotherhoods requested that the
Company meet with them in bargaining conferences. In a letter d'ated..
January 15, 1942, the Company refused\to grant the requests for the
reasons. that the units proposed were inappropriate and that the Com-
pany had recognized' and- had entered into' exclusive bargaining con-
tracts with the Ajo Council and the Morenci. Council covering' the
eii ployees'of'the Company's New Cornelia and Morenci Branches:
On November 5, 1941, the Company, entered into a. memorandum
agreement with the Metal Trades Department of the American Feder-
ation of Labor, setting forth the basic provisions which hadi thereto-
fore been agreed upon as a basis for the subsequent contracts to be
negotiated between the Company and the Councils? On November'
11, 1941, the negotiations were completed and the Company entered,
into separate contracts for the term of one year with the Ajo Council
and the Morenci Council,2 whereby the Councils were recognized as the
exclusive bargaining representative for all the employees of' the Com-
pany's New Cornelia Branch and Morenci Branch, respectively,
excluding watchmen, hotel and hospital employees, and supervisory
and confidential employees. The Company, the Operating Engineers,
and the Councils contend that these contracts are a bar to this
proceeding.
Admittedly, at the time the contracts were signed, the Company had
received notice of the filing of the Brotherhoods' petitions from the
Regional Director. Moreover, as indicated previously, the Company
had notice of the-Brotherhoods' claim to represent the train and
switching service employees before the contracts with the Councils
I The purpose of the memorandum agreement was to allay a threatened strike.
2 On August 6 and 28, 1941, respectively, the Ajo Council and the Morenci Council had
requested recognition They submitted petitions signed by the Company's employees au:
thorizing the Councils to represent them for collective bargaining purposes In a letter
dated August 21, 1941„ the Company informed the Morenci Council that a majority of the
Morenci Branch employees had signed the petitions and recognised the Morenci Council
as the exclusive representative for the emplo}ees of the Morenci Branch On October 9,
1941, the Company similarly recognized the Ajo Council as the exclusive representative of
the New Coineha Branch employees
PHELPS DODGE -CORPORATION 185
were negotiated. We find that the 'contracts are no bar to a present
investigation and determination of representatives.- -
A statement of the Regional Director introduced in evidence at the
hearing shows that the Brotherhoods and the Operating Engineers
each represents a substantial number of employees in the units herein-
after found to be appropriate.'
We find that questions have arisen concerning the representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON
COI%IBIERCE
We find 'th'at *the questions concerning representation which have
arisen, occurring in connection with the operations of the 'Company
described in Section 1, above, -have a close, intimate, and substantial
8 See Matter of Enterprise Upholstering Company and Bedding Workers ' Local Union
No 1,21, affiliated with the Upholsterers' International Union of N. A. (A F of L ),
37 N. L. R. B. 436; Matter of The Great Atlantic & Pacific Tea Company and United
Retail and Wholesale Employees of America , CIO, 33 N. L. R B. 1103 , and cases cited
therein
4 The B L F E . submitted ' to the Regional Diiector 46 authorization cards, 32 of which
were dated in October and. 14 in November 1941. The Regional Director stated that 43 of
the 46 signatures , all of which appeared to be genuine and original , are the names of
persons listed on the Company 's pay roll of November 6, 1941 , for the New Cornelia
Branch. There are approximately 47 employees in the New Cornelia Branch unit found
below to be appropriate . The Operating Engineers submitted 251 authorization cards dated
as follows 3 in July 1941 , 111 in August 1941, 21 in September 1941, 87 in October 1941,
5 in November -1941 , and 24 undated The Regional Director reported that all signatures
are apparently genuine and that 3 of the 251 signatures are the names of persons listed on
the Company 's pay roll of November 6, 1941, in the New Cornelia Branch unit urged by
the B L F. E
The B R T submitted to the Regional Director 39 authorization cards , of which 5
were dated in October and 34 in November 1941 The Regional Director 'reported that all
signatures were apparently .genuine and original and that 35 of the 39 signatures are the
navies of persons listed on the Company ' s pay roll of November 6, 1941 , for the New
Cornelia Branch There are approximately 36 employees in the New Cornelia unit found
below to be appropriate The Regional Director stated that 8 of the above-mentioned
251 signatures on the cards submitted by the Operating Engineers are the names of persons
listed on 'the Company 's pay roll of November 6, 1941, in the New Cornelia Branch unit
sought by the B It. T
The B L F. It. submitted to the Regional Director 27 authorization cards dated in
November 1941 The Regional Director reported that all of the signatures were appar-
ently genuine and original and that 18 of the 27 signatures are the names of persons
listed on the Company 's pay roll of November 28, 1941, for the Morenci Branch. There
are approximately 42 employees in the Morenci Branch unit found ' below'to be appropriate.
The Operating Engineers submitted to the Regional Director 179 application-for-mem-
bership cards dated as follows : 1 in June 1941, 36 In July 1941, 59 in August 1941, 29 in
September 1941, 13- in October, 1941 , 6 in November 1941, and 35 undated The Regional
Director reported that all of the 179 signatures were apparently genuine and original
and that 17 are the names of persons listed on the Company 's pay roll of November 28,
1941, in the Morenci Branch unit urged by the B L. F. E
The B R T. submitted to the Regional Director 40 authorization cards dated in Novem-
ber 1941 The Regional Director reported that all signatures were apparently genuine
and original and that 37 of the 40 signatures are the names of persons listed on the
Company's pay roll of November 28, 1941, for the Morenci Branch . . There are approxi-
mately 70 employees in the Morenci Branch unit found below to be appropriate. The
Regional Director stated that of the above-mentioned 179 application -for-membership cards
submitted by the Operating Engineers , 37 bore signatures of persons listed on the Com-
pany's pay roll of November 28 , 1941, in the Morenci Branch unit sought by the B. R T.
186 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
relation to trade, traffic , and commerce among the several States and
tend to lead to labor disputes burdening and obstructing commerce and
the free flow of commerce.
V. THE APPROPRIATE UNITS
The B . L. F. E. contends that engineers , motormen, firemen , hostlers,
and hostler helpers of the Company 's New Cornelia Branch and
Morenci Branch constitute two units appropriate for the purposes of
collective' bargaining , one for each Branch. The B . R. T. similarly
claims that two units are appropriate , one embracing brakemen, yard -
men, switchmen, switchtenders , lookout men , and dispatchers of the
Company's New Cornelia Branch, and the other covering such
employees of the Company's Morenci Branch. The Company, the
Councils , and the Operating Engineers deny the appropriateness of the
units proposed by the Brotherhoods and insist that only a plant-wide
unit at each Branch is appropriate.
The New Cornelia Branch mine is a.surface or open-pit mine with
various benches or levels. Standard gauge railroad tracks are con-
structed on the floor of each bench . By means of switch-backs, the
tracks extend from one bench to another and out of the mine to the
concentrator at Ajo, which is approximately 2 miles from the mine,
and to the waste dumps . The ore body is" covered with waste, which
must be drilled , blasted, and removed in order to provide access to the
ore, which , in turn, is loosened by a similar blasting process. Electric
shovels load the waste into railroad cars and trucks which transport it
to the dump areas. The ore is hauled from the New Cornelia mine
to the concentrator by train exclusively. At the concentrator the ore
is ground and reduced in volume. The concentrates thus produced are
loaded in cars for shipment to the Company's smelter at Douglas,
Arizona. A switching crew places the cars at the concentrator and
transfers the cars to the yard of the Tucson , Cornelia and Gila Bend
R. R., herein called the Gila Bend R. R., a subsidiary of the Com-
pany. The Gila Bend R. R. operates between Ajo and Gila Bend,
a distance of about 43 miles. At ' Gila Bend, the cars are transferred'
to the Southern Pacific R. R.
The Morenci Branch Mine is also a surface or open-pit mine. In
general , it is constructed and operated in the same manner' as the
New Cornelia Branch mine . At the Morenci mine, however, trucks
are used to a greater extent in the hauling of ore as well as waste.
The trains haul the ore cars to the concentrator at Morenci which
is approximately 1.8 miles from the mine. The switch crews handle
the cars of concentrates from the reduction plant to Clifton , a junc-
PHELPS DODGE CORPORATION' 187
tion, point on the Southern Pacific R. R. approximately 11 miles.
distant from Morenci.
The employees whom the Brotherhoods claim to represent are
engaged in the haulage operation. All train-service employees in the
mines are under the supervision of the mine shift bosses. The switch
crews are supervised by the master mechanics. Engineers and motor-
men operate the locomotives and are assisted by the firemen. Hostlers
and hostler helpers clean and maintain the locomotives. Brakemen
and yardmen give signals to the engineers and motormen, couple and-
uncouple cars, set brakes, and "spot" cars at the shovels and concen-
trators. Switchmen and switchtenders are stationed at the vital
switch-backs in the pits. Upon orders from the dispatcher, they
throw the switches and relay orders to the train crews. Dispatchers
or lookout men are stationed at the top of a hill overlooking the pits.
They direct the movement of the trains by telephoning orders to the
switchtenders. They also give information on the location and oper-
ation of the various shovels and other equipment in the mines. With
the exception of some ore cars, all railroad equipment is of the type
used on standard gauge railroads throughout the country. The sig-
nals given by the train-service and switching employees are those
customarily used on all large railroads.
The Company, the Operating Engineers, and the Councils contend
that the three phases of the Company's operations at each of the
Branches, namely, blasting and loading of waste and ore, transporta-
tion of waste and ore, and reduction of ore to concentrates, are so
interdependent that only a plant-wide unit is appropriate. In sup-
port of their contentions, they point to the fact that employees are
frequently interchanged among the various departments. At New
Cornelia when regular train-service employees are on leave of absence,
employees from other departments of the mine are temporarily trans-
ferred to fill the vacancy.5 Some of the New Cornelia train-service
employees occasionally fill temporary vacancies in the Gila Bend
R. R. At Morenci, however, it appears that such vacancies are filled
by, train-service employees who are on an "extra board," that is, a
group-of railroad employees who work only in temporary vacancies
in the train service. Permanent transfers into and out of the"train
service are on occasion made at the request of the employees who desire
such a change. We are of the opinion that the interchange of em-
ployees is not of such a nature as to render inappropriate the units
sought by the Brotherhoods. The record shows that the skill required
in the performance of the work of the train-service employees differs
in degree and kind from that required in other operations of the
6 At the date of the hearing eight employees were temporarily working in the train
service at the New Cornelia Bi anch . Most of them are taken from the cable gang
188 DECISIONS OF !NATIONAL LABOR RELATIONS BOARD
mines. Under the -circumstances,'we conclude that the units proposed
by the Brotherhoods are appropriate.,
We find that all engineers, motormen, firemen, hostlers, and hostler
helpers employed at the Company's New Cornelia.Branch ' constitute
aunit appropriate for'the purposes of, collective bargaining.
We find that all brakemen, yardmen, switchmen; •switchtenders,
tlookout,men,iand,dispatchers.employed at the Company's New Cornelia
Branch constitute a unit ;appropriate for the ,purposes of ,collective
(bargaining.
We. find that all engineers, motormen, firemen, ihostlers, and hostler
,helpers employed at the Company's Morenci Branch 'constitute a
unit appropriate for the purposes of collective :bargaining.
We find that all brakemen, yardmen, switchmen, : `switchtenders,
lookout men, and 'dispatchers employed ,at ,the Company's ;Morenci
Branch :constitute a unit appropriate for the purposes of ,collective
bargaining.
We further find that ,these ,units will insure to employees of .the
'Company the full ,benefit .of ,their ;right to self-organization and,to
collective bargaining and otherwise will 'effectuate -the policies of
the Act. -
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the questions concerning representation which have
arisen can best be resolved by means of elections by secret ballot. The
parties stated no preference in regard to the pay roll to be used for
the purpose of determining eligibility to vote. In accordance with
our customary practice, we shall direct that the persons eligible to
vote in the elections shall be those in the appropriate units who were
employed during the pay-roll ,period immediately preceding the -date
of the Direction of Elections herein, subject to the limitations and
additions hereinafter set forth in the Direction.
Upon the basis of the above findings , of fact and upon the entire
record.in the case, the Board makes the following:
CONCLUSIONS OF LAW
1. Questions affecting commerce have arisen concerning the repre-
sentation of employees of Phelps Dodge Corporation (New Cornelia
Branch), Ajo, Arizona, and 'Phelps 'Dodge Corporation (DZorenci
"'See Matter of Utdh'Copper Company and Kennecott Copper Corporation and Brother-
hood of Locomotive .Firemen and Enginemen, 23 N. L R. B 1160; platter of ,Nevada+Con-
solidated Copper Corporation and Brotherhood of Locomotive Engineers, Division 596,
28 N. L. R. B. 11 ; Matter of Nevada Consolidated Copper Corporation and Switchmen's
`Union of North America, Copper Queen Lodge No. 967,.28 N L R. B. 54
PHELPS DODGE CORPORATION 189
Branch)f,.M'orenci,.Arizona, within the meaning of Section 9 (c) and
Section 2• (6)s and (7) of, the Act.
2. All engineers, motormen, firemen, hostlers, and, hostler. helpers;
employed at the Company's, New Cornelia Branch constitute a unit
appropriate for the purposes of collective bargaining within. the
meaning. of Section 9 (b) of the Act.
3. All brakemen, yardmen, switchmen, switchtenders; lookout' men,
and dispatchers employed at the Company's New Cornelia Branch
constitute a unit appropriate•for•the purposes. of collective bargaining
within the,meaning of Section 9 (b) of the Act. '
4.. All, engineers;. motormen, firemen; hostlers, and- hostler helpers'
employed at the Company's Morenci Branch constitute a unit appro-
priate for the purposes: of collective bargaining within the meaning
of Section 9 (b) of the Act.
5. All brakemen,, yardmen; switchmen, switchtenders; 'lookout, men,,
and, dispatchers. employed at the Company's' Morenci Branch con-
stitute-, a, unit appropriate for the purposes of collective bargaining,
w,ithin.the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTIONS
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 8, of National Labor Rela-
tions Board Rules and Regulations-Series 2,-as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to determine representatives for the purposes of collective bargaining
with Phelps Dodge Corporation (New Cornelia Branch), Ajo, Arizona, '
and Phelps Dodge Corporation (Morenci Branch), Morenci, Arizona,
elections 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, Section 9, of said Rules
and Regulations, among employees in each of the following described
groups who, were employed by the Company during the pay-roll period
immediately preceding the date of this Direction, including employees
who did not work during such pay-roll period because-they were ill
or on vacation or in the active military service or training of the United
States, or temporarily laid off, but excluding employees who have since
quit or been discharged for cause :
(1) Among all engineers, motormen, firemen, hostlers, and hostler
helpers employed at the Company's New Cornelia Branch to determine
whether they desire to be represented by Brotherhood of Locomotive
190 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Firemen and Enginemen or by International Union of Operating
Engineers, affiliated with the American Federation of Labor, for the
purposes of collective bargaining, or by neither;
(2) Among all brakemen, yardmen, switchmen, switchtenders, look-
out men, and dispatchers employed at the Company's New Cornelia
Branch to determine whether they desire to be represented by Brother-
hood of Railroad Trainmen or by International Union of Operating
Engineers, ,affiliated with the American Federation of Labor, for the
purposes of collective bargaining, or by neither;
(3) Among all engineers, motormen, firemen, hostlers, and hostler
helpers, employed at the Company's Morenci Branch to determine
whether they desire to be represented by Brotherhood of Locomotive,
Firemen and Enginemen or by International Union of Operating
Engineers, affiliated with the American Federation of Labor, for the
purposes of collective bargaining, or by neither; Sand
(4) Among all brakemen, yardmen, switchmen, switchtenders; look-
out men, and dispatchers employed at the Company's Morenci Branch
to determine whether they desire to be represented by Brotherhood
of Railroad Trainmen or by International Union of Operating En-
gineers, affiliated with the American Federation of Labor, for the
purposes of collective bargaining, or by neither.
In the Matter Of PHELPS DODGE CORPORATION (NEW CORNELIA BRANCH)
and BROTHERHOOD_ OF LOCOMOTIVE FIREMEN & ENGINEMEN
In the Matter of PHELPS DODGE CORPORATION (NEW CORNELIA BRANCH)
and BROTHERHOOD OF RAILROAD TRAINMEN
In the Matter Of PHELPS DODGE CORPORATION (MORENCI BRANCH) and
BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN
In the Matter of PHELPS DODGE CORPORATION (MORENCI BRANCH) and
BROTHERHOOD OF RAILROAD TRAINMEN
Cases Nos . R-3513 to R-3516, inclusive , respectively
CERTIFICATION OF REPRESENTATIVES
May 15,194
On April 3, 1942, the National Labor Relations Board issued its
Decision and Direction of Elections in the above -entitled proceeding.,
Pursuant to the Direction of Elections, elections by secret ballot were
conducted on April 21 and 23, 1942 , under the direction and super-
vision of the Regional Director for the Twenty-first Region (Los
Angeles , California) . On April 22 and 28, 1942 , the Regional Direc-
tor, acting pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 2 , as amended , issued and
duly served upon the parties his Election Reports. No objections to
the conduct of the ballot or to the Election Reports were filed by any
of the parties.
As to the balloting and the results thereof, the Regional Director
reported as follows : ,
1 Firemen and Enginemen-New Cornelia Branch
Total on eligibility list -------------- ---------------------_ 47
Total ballots cast_________________________________________ 46
Total ballots challenged__________________________________ 0
Total blank ballots _______________________________________ 0
Total void ballots----------------------------------------- 0
Total valid cotes counted__ ________________________________ 46
Votes cast for International Union of Operating Engineers,
A F I,------------------------------------------------ 0
Votes -cast for Brotherhood of Locomotive Firemen and
Engmenien--------------------------------------------- 46
Votes cast for Neither____________________________________ 0
140 N. L R B 180
40 N L R B, No. 26a.
I
191
192 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. Railroad Trainmen-New Cornelia Branch
Total on eligibility list------------------------------------ 48
Total ballots. cast -------------------------- --------- ------ - 40,
Total ballots challenged----------------------------------- 2
Total blank ballots--------------------------------------- 0
Total void ballots----------------------------------------- 0
Total valid votes counted--------------------------------- 38
Votes cast for International Union of Operating Engineers,
A. F. L------------------------------------------------ 0
Votes cast for Brotherhood of Railroad Trainmen----------- . 38
Votes cast for Neither------------------------------------ 0
3 Firemen and Engineuien=Dlorenci. Branch
Total on eligibility list----------------------------------- 40
Total ballots cast ----------------------------------------- 35
Total ballots challenged; ---------------------------------- 1
Total blank ballots--------------------------------------- 0
Total void ballots---------------------------------------- 0
Total valid votes counted--------------------------------- 34
Votes cast for International Union of Operating Engineers;
A F L------------------------------------------------ 1
Votes cast for Brotherhood of Locomotive Firemen and
Enginemen--------------------------------------------- 33
Votes cast for Neither ---- --------------------------------- 0
4. Railroad Trainmen-1llorenci Branch
Total on eligibility list----------------------------------- 74
Total ballots cast---------------------------------------- 66
Total ballots challenged---------------------------------- 1
Total, blank ballots--------------------------------------- 0
Total void ballots---------------------------------------- 0
Total valid votes counted--------------------------------- 65
Votes cast for International Union of Operating Engineers,
A. F.L---_---_---------------------------------------- 1
Votes cast for Brotherhood of Railroad Trainmen ----------- 03
Votes cast for Neither- ---------------------------------- 1
Since the number of challenged ballots cannot affect the results of
any of the elections , we find it unnecessary to make any, determination
with respect to the challenges.
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 Brotherhood of Locomotive Firemen and
Enginemen has been designated-and selected by all engineers , motor-
men, firemen, hostlers, and hostler helpers of Phelps Dodge Corpora-
N
PHELPS DODGE, CORPORATION 193
tion (New Cornelia Branch), Ajo, Arizona, as their representative
for the purposes of collective bargaining, and that pursuant to the
provisions of Section 9 (a) of the National Labor Relations Act;_
Brotherhood of Locomotive Firemen and Enginemen is the exclusive
representative of all such employees for the purposes of collective
bargaining with respect to rates of pay, wages, hours of employment,
and other conditions of employment;
IT IS HEREBY CERTIFIED that Brotherhood of Railroad Trainmen has
been designated and selected by a majority of all 'biakemen, yardmen,
switchmen, switchtenders, lookout men, and dispatchers of Phelps
Dodge Corporation (New Cornelia Branch), Ajo,'Arizona, as their
representative for the purposes of collective bargaining, and that pur-
suant to the provisions of Section 9 (a) of the National Labor Relations
Act, Brotherhood of Railroad Trainmen is the exclusive representa-
tive of all such employees for the purposes of collective bargaining
with- respect to rates of -pay, wages, hours- of employment, and other"
conditions of employment;
IT IS HEREBY CERTIFIEII that Brotherhood of Locomotive Firemen and'
Enginemen has been designated and selected by a majority of all'
engineers, motormen, firemen, hostlers, and hostler helpers of Phelps
Dodge Corporation (Morenci Branch), Morenci,. Arizona;, 'M
representative-'for the purposes of collective'b`rgaining, and that`upr`=
suant to the'provisions of Section 9 (a) of the National LaborfRelations
Act, Brotherhood' of Locomotive Firemen and Enginemen is the.
elusive representative of all such employees for the purpse of col
lective -bargaining with- respect to rates" -of ' pay,' wages, Hours , of,
employment, and other conditions of employment; and
IT IS HEREBY CERTIFIED that Brotherhood of Railroad Trainmen has
been designated and selected by a-majority-of all brakemen,' yardmen,
switchmen, switchtenders, lookout men, and dispatchers of Phelps
Dodge Corporation (Morenci Branch), Morenci, Arizona, as their
representative for the purposes of collective bargaining, and that pur-
suant to the provisions of Section 9 (a) of the National Labor Rela-
tions Act, Brotherhood of Railroad Trainmen is the exclusive
representative of all such employees for the purposes of collective
bargaining with respect to rates of pay, wages, hours- of employment,
and other conditions of employment. -
455771-42---vol. 40-13 -