Vermont Copper Co., Inc.

National Labor Relations Board - Board Decisions

Mar 10, 1944

55 N.L.R.B. 368 (N.L.R.B. 1944)

In the Matter of VERMONT COPPER COMPANY, INC., and UNITED MINE
WORKERS OF AMERICA, DISTRICT 50
Case No. 1-R-1731.-Decided March 10, 1944
Mr. Stanley C. Wilson, of Chelsea, Vt., for the Company.
Mr. Harold Roitman, of Boston, Mass., for the Union.
Mr. Joseph W. Kulkis, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Mine Workers of America, Dis-
trict 50, herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Vermont Copper Company, Inc., Strafford, Vermont, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Samuel G. Zack, Trial Exam-
iner. Said hearing was held at White River Junction, Vermont, on
February 3, 1944. The Company and the Union appeared, partici-
pated, and were afforded full opportunity to be heard , to examine and
cross-examine witnesses , and to introduce evidence bearing on the is-
sues. The Trial Examiner's rulings made at the hearing are free from
prejudicial error and are hereby aflirnied. The parties were afforded
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
Vermont Copper Company, Inc., is a Vermont corporation engaged
in the mining and milling of copper ore at Strafford, Vermont. The
Company monthly purchases materials, consisting of steel, explo-
sives, and chemicals amounting in value to approximately $25,000, of
which 75 to 80 percent is obtained from points outside the State of
Vermont. The Company currently ships each month approximately
55 N. L . R B., No. 68.
368
VERMONT COPPER COMPANY, INC. 369
500 tons of copper concentrates valued at about $20,000 to points out-
side the State of Vermont. We find that the Company is engaged in
commerce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Mine Workers of America, District 50, is a labor organiza-
tion admitting to membership employees of the Company.
III. TIIE QUESTION CONCERNING REPRESENTATION
On December 28, 1943, the Union advised the Company that it rep-
resented a majority of the Company's employees and requested the
Company to recognize it as the exclusive bargaining representative of
the employees within an alleged appropriate unit. On December 31,
1943, the Company refused to accord the Union such recognition unless
and until the Union was certified by the Board.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the Union represents a substantial
number of employees within the unit hereinafter found to be appro-
priate.1
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
The Union seeks a unit composed of all production and maintenance
employees, excluding executives, supervisory and clerical employees
and guards. The Company contends that all employees of the Com-
pany, excluding only the manager, mine and mill superintendents and
the mine foreman, constitute an appropriate unit. The parties are,
therefore, in particular disagreement as to the inclusion or exclusion
of shift bosses, master mechanic, chief engineer, clerical and office em-
ployees, draftsmen and engineers, guards, and the boss carpenter.
Shift bosses: These employees are in complete charge on the night
shift and exercise all the ordinary powers of a foreman, whole the
parties would exclude; they have direct supervision of employees and
the authority to discharge. We shall exclude them.
Master Diecha'lic: This employee is in complete charge of 15 to 20
mechanics and laborers. He has the authority to hire and discharge
those employees under his supervision; we shall, therefore, exclude
him.
I The report of the Field Examiner shot, s that the Union submitted SS membership cards
bearing apparently genuine signatures ; 73 of the cards bear names appearing on the .Ianu-
arr 7, 1944, pay roll of the Company, which contains the antics of 131 persons within the
alleged appropi late unit
,,75129-44-vol 5a 2a
370 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Draftsmen and Engineers: The draftsmen and engineers are en-
gaged in the surveying and mapping of the Company's properties
under the supervision of the Chief Engineer. All these employees are
required to have technical training for the proper performance of
their duties, and have functions and interests different from those of
the ordinary production and maintenance workers. We shall, there-
fore, exclude draftsmen and engineers.
Clerical and O face Employees: The duties of these employees are
separate and distinct from those performed by the production and
maintenance employees. In accordance with our usual practice, we
shall exclude clerical and office employees from the unit.
O-cards: The guards, of whom there are three in number, are armed
but not militarized. Their primary function is to patrol the plant for
the purpose of preventing fires and detecting fire hazards. They are
also charged with the duty of keeping the fire equipment in proper
working order. Since these guards are not militarized and their func-
tions are those of ordinary watchmen, we shall include them within the
unit. However, we shall exclude the day guard, who the record shows
has effective supervisory authority over the two guards assigned to the
other shifts.
Boss Carpen.ter•: This ^mployee has direct supervision of four or five
other carpenters, who are engaged in the repair and maintenance of
the Company's buildings. He has the authority to discharge those
under his supervision; we shall, therefore, exclude hint.
Accordingly, we filed that all production and maintenance em-
ployees of the Company, including guards, but excluding clerical and
office employees,' the day guard, master mechanic, draftsmen and
engineers, boss carpenter, shift bosses, mine foreman, mine and mill
superintendents, executives, and all other supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
change in the status of employees, or effectively recommend such ac-
tion, constitute a unit appropriate for the purposes of collective bar-
gaining, within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees in the appropriate unit, who were employed during 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.
2 We find that the paymaster, purchasing agent, and assistants fall within the above
category of clerical and office employees
VERMONT COPPER COMPANY, INC. 371
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 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Vermont Copper
Company, Inc., Strafford, Vermont, 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 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 Regulations, among the em-
ployees 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
any who have since quit or been discharged for cause and have not
ben rehired or reinstated prior to the date of the election, to determine
whether or not they desire to be represented by the United Mine Work-
ers of America, District 50, for the purposes of collective bargaining.
Mn. JOHN M. HOUSTON took no part in the consideration of the above
Decision and Direction of Election.