Phelps Dodge Copper Products Corp.

In the Matter of PHELPS DODGE COPPER PRODUCTS CORP. , and -INTER- NATIONAL UNION OF MINE, MILL & SMELTER WORKERS ,'i C. I. O. Case No. R-4767.-Decided February 3, 1943 Jurisdiction : copper products manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord petitioner recognition on ground that iequest was premature since plant involved was in' the process of expansion ; immediate election di- rected notwithstanding contemplated increase in personnel, in view of present employment of over 50 percent of the anticipated employees ; elecon necessary Unit Appropriate for Collective Bargaining : hourly rated production aiid main- tenance employees at one of Company's plants, with specified inclusions and exclusions; stipulation as to. Mr. Wylie Brown- arid DebevoiseStevenson, Plimpton cC Page, by Charles F. Bailey and' Lewis Moore, of New York City; for the Company. ' Mr. Nathan Witt, Mr. Harold I. Cammer, and Mr. Sidiiey N. Gitel- man, of New York City, for the Union. Mr. William C. Baisinger, Jr., of counsel to the Board., DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by International Union of ''line, Mill & -Smelter Workers, Local 700, C. I. 0., herein called the Union,' alleg- ing that a question affecting commerce had arisen concerning the repre- sentation of employees at the Los Angeles, California, plant operated by Phelps Dodge Copper Products Corporation, New', York City,, herein called the Company, the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before Jack Davis, Trial Examiner. Said hearing was held at New York ,City on De- cember 22, 23, and 29, 1942, and on January 8, and 11, 1943. The Company and the Union, appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, 1 At the hearing, the Trial Examiner reserved ruling on the motion of the Union to amend the petition by omitting the words "Local 700 " appearing therein . The motion is hereby granted. 47 N. L. R. B., No. 35. _ 310 PHELPS "DODGE COPPER' PRODUCTS CORP. 311 and to introduce evidence bearing on the issues.2 The Trial Exam- iner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Phelps Dodge Copper Products Corporation is a Delaware corpora- tion having its principal office in New York City. It is engaged at a plant located in Los Angeles, California, in the manufacture and sale of all types of copper rods, wires, cables, and similar articles. The Los Angeles plant involved in this proceeding was constructed by the Company with the funds of and is owned by Defense Plant Corporation and is operated by the Company for the United States Navy. This-plant has been in operation since July 15, 1942, and has thus far and will normally purchase raw materials, consisting of cop- per, zinc, nickel, aluminum, and tin, valued in excess of $100,000 annually, of which over 80 percent-has been and will be purchased and shipped to the plant from points outside the State of California. The Company has to date and will normally manufacture annually finished products valued in excess of $100,000, over 75 percent of which has been and will continue to be transported from the plant to points outside the State of California. The Company does not contest the jurisdiction of the Board in this proceeding. II. THE ORGANIZATION INVOLVED International Union of Mine, Mill & Smelter Workers is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Union has requested the Company to recognize it as the bar- gaining representative of employees in an alleged appropriate bargain- ing unit. The Company refused to grant such recognition because it contends that the request was premature since its Los Angeles plant Is in the process of development and expansion. 2International Association of Machinists, Los Angeles Lodge No 311', was notified of the hearing but advised the Regional Office that it did not desire to participate in this proceeding , 312 DECISIONS OF NATIONAL LABOR RELATIONS BOARD A report by the Trial Examiner and a stipulation of the parties, made at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found appropriate.3 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 We find, in accordance with the' stipulation of the parties, that all hourly rated production and maintenance employees, including mill or production clerks and inspectors, but excluding foremen, assistant foremen, supervisory employees, employees having the right to recom- mend or the authority to hire or discharge, technical and engineering employees, timekeepers, watchmen, guards, and office and clerical em- ployees other than mill or production clerks, constitute a unit appro- priate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES As previously noted, the Company raises the issue of an expanding unit and contends that the petition filed herein is premature. It ap- pears that the Los Angeles plant of the Company began actual produc- tion on or about July 15, 1942, and employed 560 persons in the appropriate unit as of December 16, 1942. As nearly as could be ap- proximated, the plant expansion program calls for a peak employment of slightly over 1000 employees in the appropriate unit. This peak is expected to be reached by June 1943. We are of the opinion that since the Company at present employs over 50 percent of the anticipated personnel, the purposes of the Act will be best effectuated by making collective bargaining an immediate. possibility for these employees. Accordingly, we shall proceed with an immediate determination of representatives and we shall direct that the question concerning repre- sentation which has arisen be resolved by an election by secret ballot among the employees in the appropriate unit who were employed dur- ing 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. 3 The report of the Trial Examiner supplemented by the stipulation of the parties shows that the Union produced 221 membership cards bearing apparently genuine signatures of employees on the Company's pay roll of December 16, 1942, which contains the names of 560 persons in the appropriate unit. The Company did not submit a pay-roll list, but did produce the' checks of 560 employees whom it stated were in the unit and on the pay roll of December 16, 1942. Membership cards were dated in and about September and Decem- ber 1942. PHELPS DODGE COPPER PRODUCTS CORP. 313 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 2, as amended, it is hereby DrnEcT that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Phelps Dodge Copper Products Corporation, New York City, at the Los Angeles, California, plant operated by it, 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 Twenty-first Region, acting in this matter as agent for the National Labor Relations Board, and subject to Arti- cle III, Section 10, 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 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 employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by International Union of Mine, Mill & Smelter Workers, C. I. 0., for the purposes of collective bargaining. I