Phelps Dodge Corp.

National Labor Relations Board - Board Decisions

Jun 20, 1944

56 N.L.R.B. 1560 (N.L.R.B. 1944)

In the Matter of, PHELPs Doi)m, CORPORATION, UNITED VERDE BRANCH
and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS,- LOCAL
UNION B-657, AFL
Case No.,21-R-4109.-Decided June 20, 1944
Mr. Frank Ryley, of Phoenix, Ariz., and Mr. J. B. Pullen, of Clark-
dale, Ariz., for the Company.
Mr. Alfred Shackelford, of Tucson, Ariz., and Mr. C. ,NV. tiVyko ff,
of Jerome , Ariz., for the I. B. E. W.
Mr. William R. Cameron, of counsel to the Board.
DECISION
AND -
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petition duly filed by International Brotherhood of-Electrical
Workers, Local Union B-657, AFL, herein called the I. B. E., W.,
alleging that questions affecting commerce had arisen concerning the
representation of employees of Phelps Dodge Corporation, United
Verde Branch, Clarkdale, Arizona, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Maurice J. Nicoson, Trial Examiner. Said
hearing was held at Phoenix, Arizona, on April 27, 1944. . The Com-
pany and the I. B. E. W. appeared, participated, and were afforded full
opportunity to be heard, 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 tre
hereby affirmed. All parties were afforded opportunity to file briefs
with the Board. -
' The following labor organizations were also served with notice but did not enter an'
appearance at the hearing . Smelter Workers Union No. 22785 , Clarkdale. Arizona ; Inter-
national Union of Operating Engineers , Local 438 ; International Union of Operating'Engi-
neers, 'Los Angeles Office; International Association of Machinists , Local, Union No. 223;
,International Brotherhood of Boiler Makers, Iron Ship Builders , Welders and Helpers of
America, Local 406; and United Brotherhood of Carpenters and Joiners of America, Local
1061. - -
56 N. L . R. B., No' 281.
1560
PHELPS DODGE CORPORATION 1561
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Phelps Dodge Corporation is a New York corporation which oper-
ates mines and reduction works in the State of Arizona. The United
Verde Branch of the Company, at Jerome and Clarkdale, Arizona,
is engaged in the mining and reduction of copper ores and the pro-
duction of metallic bullion. During the year 1943 -the Company
shipped in interstate commerce more than 200,000,000 pounds of such
bullion 2
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
International Brotherhood of Electrical Workers, - Local Union
B-657, is a labor organization affiliated with the American Federation
of Labor, admitting to membership employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
The I. B, E., W. requested that the Company recognize it as exclu-
sive bargaining representative of the Company's power-plant em-
ployees and inside overhead crane operators. The Company refused
to grant such recognition. ' -
A statement of the Trial Examiner read into the record, and evi--,
dence introduced at the hearing indicate that the I. B. E. W. represents
a substantial number of employees within the units hereinafter found
appropriate.3
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 Act.
2 The above statement of facts concerning the business of the Company is contained
in a stipulation entered-into by the parties subsequent to the hearing. This stipulation
is hereby approved and made a part of the record herein.
The Trial Examiner stated at the hearing that the I . B. E. W. submitted 28 authoriza-
tion cards , all bearing apparently genuine original signatures , of which 26 were the names
of persons appearing on a pay-roll list as of September 1, 1943, containing the names of
31 persons in the categories sought by the I. B . E. W in this proceeding.
The I. B. E. W. introduced in evidence at the hearing a petition dated April 19, 1944,
purporting to hear the signatures of 15 employees in the power plant , and a petition of
the same date purporting to- bear the signatures of 9 crane operators , requesting that
the Company grant recognition to the I . B E w. as their bargaining representative.
All of the signatures in the power plant petition , and 7 of the signatures in the crane
operators ' petition appear to correspond with names appearing on the pay-roll list above
mentioned , which contains the names of 21 powerplant employees and 10 crane operators.
1562 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV.- THE APPROPRIATE -UNIT i THE•DETERMINATION OF REPRESENTATIVES
The I. B. E. W., which is presently' the duly certified bargaining
representative of the employees in a craft unit of electrical employees
in the Company's mining and 'smelting operations at Jerome and
Clarkdale, Arizona,' here seeks to add to the foregoing unit the em-
ployees in'the power plant and the inside overhead crane operators
at the Clarkdale smelter plant.- The Company takes the position that
neither of the groups here sought to be represented by the I. B: E. W.
may,appropriately be separated'from the residual unit of production
and maintenance employees now represented by Clarkdale Smelter
Workers Union, Local 22785. , The latter organization, herein called
the Smelter Workers, does not oppose such separation.5
On March 23, 1941, the Company entered' into a written contract
with the I. B. E. W., and with certain other craft unions,° affiliated
with the American Federation of Labor, each as the duly certified rep
resentative 7 of the Company's mine and smelter employees in a knit'
corresponding to its craft jurisdiction. On November 11, 1941, the
1 Company entered into a written contract with the Metal Trades De-
partment of the American Federation of Labor and the Verde District
Metal Trades Council, both representing the Smelter Workers, as rep-
resentative of all 'of the Company's employees in its Smelter Division,
excluding supervisory, clerical,' technical, and hospital employees, and
also excluding all employees covered by the agreement of March 23,
1941, above mentioned. On November-11, 1942, and again on Novem-
ber 11, 1943, a single combined contract was executed by the Company,
to which all'of the foregoing labor organizations, together with Jerome
Miners Union Local 22847 and International Union of Operating Engi-
neers, Local 438, who represent certain employees of 'the Company in '
its Mines Division,s were parties. The employees in the power plant
and the inside overhead crane operators have been represented by
the Smelter Workers as a part of the residual unit of Smelter Division '
4 See Matter of Phelps Dodge Corporation, United Verde Branch, 6 N . L. R. B. 624,
7 N. L. R . B. 862. The unit represented by the I. B. E. W. is therein described as "all
persons employed by the Company at its United Verde Branch as electricians , electrician
helpers, electrician apprentices , armature winders, electrician jigger bosses , metermen,
and metermen apprentices . . . but excluding all persons employed as ' radio men,
refrigerator men, switchboard operators , crane men , and generator attendants."
" The position of the Smelter Workers is set forth in a letter addressed to the Regional
Director of the Board ,' introduced in evidence at the hearing.
6 In addition to the I B. E. W ., the labor organizations which were parties to this
contract were the following: the International Association of Machinists, Local 223;
the International Brotherhood of Boilermakers , Iron Ship Builders , Welders and Helpers
of America , Local 406 ; and the United Brotherhood of Carpenters and Joiners, of America,
Local 1061.
7 See citation in footnote 3,,supra.
8 The record discloses that the contract of November 11, 1943, is for the initial
term of 1 year , and therefore is presently in effect. None of the parties thereto has, how-
ever, sought to claim this contract as a bar to the present representation proceeding.
PHELPS DODGE CORPORATION 1563
employees recognized by the terms of each of the foregoing series
of contract's.°
The Company employs approximately 10 crane operators whose
duty it is to operate the inside overhead electric cranes in the con-
verter aisle of the Company's smelter. Their principal function is
to transport molten material and "matte" between the reverberatory
furnaces and the converters. Due to'the hazards to other employees in
the converter aisle which are involved in the operation of the cranes,
the crane men are selected on the basis of their reliability and-good
physical condition as well as mechanical aptitude, and are required
to serve a period of apprenticeship. Although they do not constitute
a skilled craft, the record discloses that they are a sufficiently distinct
and homogeneous group to properly constitute a separate appropriate
unit if they so desire.'° We shall, however, make no present deter-
mination of the appropriateness of a -unit of crane operators, but
shall reserve such finding pending the results of the election herein-
after directed among such employees. Upon the results of such elec-'
tion shall depend, in part, our determination of the appropriate unit.
The Company's power plant, consisting of various air compressors,
ventilating, and blowing equipment,, pumps, and turbine electric gen-
erators, is operated by steam generated principally in boilers which
are heated by waste heat escaping through flues from the reverberatory
furnaces . ' These are, supplemented by certain direct-fired boilers,
heated by oil flame, also located near the'reverberatory furnaces. The
Company contends that, in view of the close coordination which is
necessary between the power plant and the boiler plant, and in view
of seniority provisions. governing the employees of these depart-
ments, the power-plant employees should not be separated'from the
unit which'includes the boiler-plant employees. The record discloses,
however, that the power plant is situated in a separate building ap-
proximately '500 feet distant from the boilers which are operated by
the boiler-plant employees. The power plant and the boiler plant
constitute separate? departments, each 'under separate supervision.
Under the circumstances, we find that the employees of the power plant
constitute a closely related group having common interests and may,_
therefore, appropriately constitute either a separate bargaining
unit," or may function as part of the residual production and main-
tenance unit. As in the case of the crane operators' above, we shall,
° The Company stated at the hearing that , although there has never been an election
among the production and maintenance employees now bargained for by the Smelter
workers, the Smelter Workers-was recognized by the Company as representative of such
employees upon proof of majority authorization.
30 See Matter of Westinghouse Electric & Manufacturing Company (Louisville Ordnance
Division ), 53 N L. It. B. 1.,
See Matter of General Foods Corporation , Corn Mill Division, 54 N. L R. B 596
1564 DECISIONS OF NATIONAL LABOR RELATIONS BOARD -
however, make no present determination of the appropriateness of
a unit of power-plant employees , but shall reserve such finding pend-
ing the results of the election hereinafter directed among such em-
ployees. Upon the results of such election shall depend, in part, our
determination of the appropriate unit.
The I. B.-E. W. desires'to include, among the employees whom it
here seeks to represent , the foremen having direct supervision over
such employees. The record discloses that the crane operators are
supervised by the shift bosses of the conierter aisle, and that the
power-plant employees are supervised by shift foremen having direct
supervision of the power plant. The shift foremen,and shift bosses
possess authority to discharge, discipline, and make effective recom-
mendations concerning employees under their supervision; they are
clearly supervisory employees within the meaning of our customary
definition . We shall, therefore , exclude the shift foremen and shift
bosses.
As indicated above, upon the results of the elections hereinafter
directed will depend, in ,part, our determination of the appropriate
unit or units .-, If the employees in either group select the I. B. E. W.
as their bargaining representative , they shall "constitute a separate
appropriate unit; otherwise 'they shall remain part of the residual
production and maintenance unit presently represented by the Smelter
Workers.
We shall direct that the questions concerning representation which
have arisen be resolved by, elections by secret ballot among the em-
ployees in the groups indicated in the Direction of Elections below,
who were employed during the pay-roll period immediately preceding
the date of the Direction of .Elections, subject to the limitations and
additions set forth, therein.
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 9, of National Labor Relations
Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Phelps Dodge
Corporation, Uniited Verde Branch, Clark-dale, 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, Sections 10 and 11 , of said Rules and Reg-
PHELPS DODGE CORPORATION 1565
lations, among (1) all inside overhead crane operators, and (2) all
power-plant employees, employed by the Company in its smelting
operations at Clarkdale, Arizona, excluding, from each of said groups,
shift foremen, shift bosses, and all other supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such, ac-
tion, who were employed during the pay-roll period immediately pre-
ceding 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 those employees who,have since quit.or been discharged for
cause and have not been rehired or reinstated prior to the date of the
elections, to determine whether or not they desire to be represented by
International Brotherhood of Electrical Workers, Local Union B-657,
affiliated with the American Federation of Labor, for the purposes of
collective bargaining.
597754-45-vol 56-100