Santa Rita Store Co.

National Labor Relations Board - Board Decisions

Jun 23, 1945

62 N.L.R.B. 804 (N.L.R.B. 1945)

In the Matter of SANTA RITA STORE COMPANY and CHINO METAL TRADES
COUNCIL (AFL)
Case No 16-R-1303 -Decided June 23,1945
Messrs. J. F . Woodbury and Ben Shantz, of Silver City , N. Mex., for the
Company.
Messrs. F. G . Broome and Fred A. Crawford , of Hurley, N . i\'[ex., for
the Union.
Mr. Stanley B. fiorengold , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Chino Metal Trades Council (AFL) on
behalf of Office & Technical Workers Union, Local No. 62, herein called
the Union, alleging that a question affecting commerce had arisen concern-
ing the representation of employees of Santa Rita Store Company, Santa
Rita, New Mexico, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice before
William J. Scott, Trial Examiner. Said hearing was held at Silver City.
New Mexico, on May 2 and 3, 1945. The Company and the Union ap-
peared and participated. All parties were afforded full opportunity to he
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 are hereby affirmed. All parties were
afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Santa, Rita Store Company, a New Mexico corporation, operates a
general store located in the mining towns of Santa Rita and Hurley, New
Mexico The record indicates that the Company is wholly owned by the
62 N L. R. B , No. 102.
804
SANTA RITA STORE COMPANY 805
Kennecott Copper Corporation which operates a copper mining enterprise
in these same towns. The operations of the Santa Rita Store Company are
closely integrated with that of its parent the Kennecott corporation. The
Santa Rita Store Company's board of directors consists of Kennecott's
chief supervisory personnel. In both towns the Company's stores are lo-
cated on Kennecott property and its main buildings are owned by the
Kennecott corporation. The Company advances credit to newly hired Ken-
necott employees and each day Kennecott sends its time books to the Com-
pany for use as a credit reference. The Company is also notified when any
Kennecott employee terminates his employment. All Kennecott employees
receive their pay checks at the store and until a few years ago the em-
ployee's bill at the store was automatically deducted from his pay check.
While that practice has since been discontinued, there still have been-
occasional instances of it, the last being but a few months ago.'
The record also indicates that in 1944 the purchases of the Santa Rita
Store Company amounted to $752.000, 71.1 percent of which came from
points outside the State of New Mexico. Its sales amounted to $1,000,000,
all of which were made to persons within the State. Approximately 80 per-
cent of the Company's customers are employees of the Kennecott Corpo-
ration. The Company also sells merchandise at wholesale prices to the
Kennecott Corporation and local boarding houses patronized principally
by Kennecott employees.-'
WVe find, contrary to its contention, that the Company is engaged in com-
merce within the meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
Office and Technical Workers Union, Local No. 62, affiliated with the
Chino Metal Trades Council, affiliated with the American Federation of
Labor, is ,a labor organization admitting to membership employees of the
Company:
111. THE QUESTION CONCERNING REPRESENTATION
On March 22, 1945, the Chino Metal Trades Council informed the Com-
pany that it represents a majority of the Company's employees at both
their Hurley and Santa Rita stores, and that it requests recognition as
the bargaining representative of the Company's employees. The Company,
by letter dated March 30. 1945, refused such recognition, stating that it is
1 The Kennecott corporation paid retroactive wage increases and deducted store hills therefrom
'The Board has found that the Kennecott Copper Corporation is engaged in commerce within
the meaning of the National Labor Relations Act (Matter of Ke ,iiecott Copper Coi poration,
50 N L. R B 842 ), and that the Santa Rita Store Company is operated in conjunction with Kenne-
cott' s mining subsidiary , Nevada Consolidated Copper Corporation, together comprising Kennecott's
mining enterprise at Santa Rita and Hurley , (Matter of Nevada Consolidated Copper Corporation,
26 N. L. R.B 1182).
806 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
not engaged in interstate commerce and hence not subject to the provisions
of the National Labor Relations Act, but that if the Company should be
found subject to the Act and the Union is duly certified by the Board as the
bargaining representative of the Company's employees, the Company will
then accord it recognition.
A statement of a Board agent, introduced into evidence at the hearing,
indicates that the Union represents a substantial number of employees in
the unit hereinafter found appropriate.'
We find that a question affecting commerce has arisen concerning the
representation of employees of the Company, within the meaning of Sec-
tion 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in substantial accord with the agreement of the parties, that all
office clerks, counter, clerks, meat cutters, and delivery boys of the Com-
pany's stores at Santa Rita and Hurley, New Mexico, excluding laborers,
part-time employees, and all supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the status of
employees, or effectively recommend such action, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning of Sec-
tion 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which has
arisen be resolved by an election by secret ballot among the employees in
the appropriate unit who were employed during the pay-roll period imme-
diately preceding the date of the Direction of Election herein, subject to the
limitations and additions set forth in the Direction.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested- in the National Labor
Relations Board by Section 9 (c) of the National Labor Relation, Act, and
pursuant to Article III, Section 9, of National Labor Relations Board Rules
and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representatives
for the purposes of collective bargaining with Santa Rita Store Company.
Santa Rita, New Mexico, 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 Sixteenth Region, acting in this matter as agent for the National Labor
5 The Field Examiner reported that of 52 employees in the unit petitioned for, the Union submit-
ted 30 authorization cards, 29 of which bear apparently genuine signatures of employees on the
Company's pay roll of April 15, 1945, 28 designations were dated March 1945; 1 was undated
SANTA RJTA STORE COMPANY 807
Relations Board, and subject to Article III, Sections 10 and 11, 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 imme-
diately 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
those employees who have since quit or been discharged for cause and have
not been rehired or reinstated prior to the date of the election, to determine
%%hether or not they desire to be represented by Office and Technical Work-
ers Union, Local No. 62, affiliated with the Chino Metal Trades Council
(AFL), for the purposes of collective bargaining.
MR. GL'RARD D. RFILLY took no part in the consideration of the above
Decision and Direction of Election.