The Golden Cycle Corp.

National Labor Relations Board - Board Decisions

Sep 15, 1944

58 N.L.R.B. 289 (N.L.R.B. 1944)

In the Matter of THE GOLDEN CYCLE CORPORATION and INTERNATIONAL
UNION OF MINE, MILL & SMELTER WORKERS (C. I. 0.)
Case No. 17-R-940.-Decided September 15, 1944
Mr. David P. Strickler, of Colorado Springs, Colo., for the
Company.
Mr. M. C. Frazier, of Denver, Colo., for the Union.
Mr. Thomas. A. Ricci, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon°petitioirduly,'filed by=International Union of°Mine, Mill &
Smelter Workers (C. I. 0.), herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of The Golden Cycle Corporation, Colorado Springs,
Colorado, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Elmer L. Hunt, Trial Examiner. Said hearing was held at Colo-
rado Springs, Colorado, on August 17, 1944. The Company and the
Union appeared and participated. All parties 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 alk
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
1. THE BUSINESS OF THE COMPANY
The Golden Cycle Corporation, a West Virginia corporation with
its principal place of business in the city of Colorado Springs, Col-
3 Subsequent to the hearing, the parties entered into a stipulation correcting the record
in certain respects. The stipulation is hereby approved and the record is corrected
accordingly.
58 N. L. R. B., No. 58.
609591--45-vol. 58-20 _ 289
290 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
orado, is engaged in the mining and milling of ore from which gold,
silver, lead, and zinc are extracted. During the year 1942, the Com-
pany purchased supplies and machinery in the sum of $372,608, of
which approximately 25 percent was purchased and shipped from
points outside the State of Colorado. The Company is currently
milling about 750, tons, of lead, zinc; "and gold ore daily. From its
products it ships daily to Dumas, Texas, and Corondelet, Missouri,
approximately, 50 tons of zinc concentrate.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Union of Mine, Mill & Smelter Workers, affiliated
with the Congress of Industrial Organizations, is a labor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused-to grant recognition to the Union as the
exclusive bargaining representative of its employees until the Union
has been certified by the Board in an appropliate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate.2
We find that a questioli 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
Both parties are in agreement that the appropriate unit should con-
sist of all the Company's production and maintenance employees,
excluding office workers, metallurgists, chemists, assayers, and super-
visory employees. They are in disagreement, however, with respect
to the inclusion of the Company's two night watchmen.
The Union seeks to include the night watchmen. The Company
contends that they should be excluded from the unit because their
work is not related to its production and maintenance operations. It
further contends that their duty to report disurbances would result in
"divided loyalty" if they were to be included.
The record discloses that the watchmen protect the Company's
property from fire and theft. When on duty they punch the clocks
' The Field Examiner reported that the Union submitted 47 application authorization
cards, and that there were 66 employees in the alleged appropriate unit.
THE GOLDEN CYCLE CORPORATION 291
located throughout the mill. They are not auxiliary military police,
,do not wear uniforms, and are unarmed. They are the usual type of
watchmen whom we have included in production and maintenance
units, and we perceive no reason to exclude them .3
We find that all the Company's production and maintenance em-
ployees'at its Colorado-Springs' Colorado, mill, including watchmen,
but excluding office workers, metallurgists, chemists, assayers, 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 appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act.4
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct thatAhe question , concerning representation: which
has arisen ' be resolved by an election by secret ballot among , the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion 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 Rela-
tions 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 repre-
sentatives for,the, purposes of collective' bargaining with The Golden
Cycle Corporation, Colorado Springs, Colorado, 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 Seventeenth Region, act-
ing 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-
ulations, among the employees in the unit found appropriate in Sec-
3 platter of Automatic Instrument Company, 54 N. L. R. B. 472.
4 The parties agree that C. L. Ebersole , the Company 's welder , machinist , and relief
night foreman, should be included in the unit . During the year , Ebersole spends at least
80 percent of his time as a welder and machinist . He spends the remainder of his time
substituting for' night foremen who .are ill or on vacation . Although he may effect the
discharge 'of, employees under his supervision while he acts in the capacity of relief-night
foreman , since he 'is primarily a machinist -welder working a relatively insignificant portion
of his time as a substitute supervisor and inasmuch as the record does not reveal that
he has actually discharged an employee , we are of the opinion that he should be included
in the unit . See Matter of P. 8 Thorsen & Company, Inc., 56 N. L R. B. 1340.
292 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tion IV, above, who were employed during the pay-roll period im-
mediately preceding the date of this Direction, including employees
who did not work during the said pay-roll period because they
were ill or on vacation or temporarily laid off, and including em-
ployees in the armed forces of the United States who present them-
selves-in person at the polls, but excluding any 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 whether or not-they
desire to be represented by International Union of 'Mine, Mill &
Smelter Workers, affiliated with the Congress of Industrial Organiza-
tions, for the purposes of collective bargaining.