Inspiration Consolidated Copper Co.

In the Matter of INSPIRATION CONSOLIDATED COPPER COMPANY and INTERNATIONAL UNION OF MINE, MILL AND SMELTER 'WORKERS, C. I. 0., MIAMI MINERS UNION, LOCAL #586 Case No. R-5172.-Decided May 11, 1943. Mr. E. W. Rice, of Globe, Ariz., for the Company. Mr. George Knott, of Safford, Ariz., and Mr. Arthur Ashby, of Miami, Ariz., for the Union. Mr. William C. Baisinger, Jr., of counsel to the Board. DECISION AND DIRECTION OF ELECTION STA TEMENT OF THE CASE Upon petition duly filed by International Union of Mine, 'Mill and Smelter Workers, C. I. 0., Miami Miners Union, Local #586, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Inspiration Consolidated Copper Company, Inspiration, Arizona, herein called the Company, the National Labor Relations Board provided for an appro- priate hearing upon due notice before Elmer L. Hulit, Trial Examiner. Said hearing was held at Globe, Arizona, on March 29, 1943. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues.' The Trial Examiner'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 Inspiration Consolidated Copper Company is a Maine corporation engaged at Inspiration, Arizona, in operating a copper mine, leaching I The American Federation of Labor and International Union of Operating Engineers, Local No. 424, A. F. L, although duly notified of the hearing, failed to appear at the hearing. .49 N. L. R. B., No. 106. 751 752 DE-CISIO\S OF NATIONAL LABOR RELATIONS BOARD plants, and mills. During 1942'the Company's mine produced approx- imately 5,039,421 dry tons of ore. The Company produces through its milling processes electrolytic copper, cement copper. and concen- trates. The electrolytic copper, which represents approximately 70 percent of the total production, is shipped by the Company to Perth Amboy, New Jersey. The cement copper and concentrates are shipped to the International Smelting & Refining Company's smelter at Miami, Arizona, where they are treated; and a portion of the resulting blister, copper is returned to the Company. while the balance is shipped to Perth Amboy, New Jersey. The copper produced by the Company in 1942 was valued in excess of $12,000,000. During the same period, the Company purchased ra,-Nv materials and supplies valued at more than $2,000,000, of which amount over 50 percent was shipped to the Com- pany from points outside the State of Arl",ona. The Company does not deny that it is engaged in commerce within the meaning of the National Labor Relations Act. II., THE ORGANIZATION INVOLVED International Union of Mine, Mill and Smelter Workers, C. I. 0., Miami Miners 'Union, Local $586, is a labor organization admitting to membership employees of the Company. III. THE QIJESTION CONCERNING REPRESENTATION The Company has refused to recognize the Union as the exclusive bargaining agent of the employees in an alleged, appropriate unit, because it disputes the appropriateness of such a unit and the alleged majority representation of the Union. A statement of the Regional Director, introduced in evidence at the hearing, indicates that the Union represents a substantial number of, employees 'in the unit hereinafter found to be appropriate.' 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 contends that the appropriate unit should be comprised of the following employees of the Company : The pumpmen, opera- tors, operator helpers, millmen, and the milhnan helper of the con- 2 The j epos t of the Regional Director states that the Union submitted 62 application- toianentbership cards dated between October 21, 1942, and February 14, 1943, all of which hear apparently genuine signatures of persons whose names appear on the Company's pay roll of February 10, 1943. The Company 's pay roll of February 10, 1943, contains the names of 142 persons in the alleged appropriate unit. INSPIRATION CONSOLIDATED COPPER COMPANY 753 centrator and slimes-leaching plant; pump operators and the oiler of the mechanical and railroad departments; the oil transferman, oilers, and firemen of the power plant; the double-drum hoist operator, the single-drum hoist operator, the tippleinan, the pumpman, operators, the hoisthouse oiler, and the oiler of the Inspiration mine division ; firemen, millmen, and oilers of the coarse crusher department; double- drum hoist operators of the Live Oak mule division ; the crane opera- tor of the tunnel yards; the "operator (s-%Ain(, man)," pumpman, heating-plant operators, the operator, roll operators, and roll-operator helpers of the leaching plant, including the "working foreman (crane operation)" of the leaching plant, but excluding Alex W. Andrews and Arthur L. Welch of the concentrator and slimes-leaching plant; firemen, engineers, brakemen, and conductors of the mechanical and railroad departments, the boiler foreman and the foremen of the power plant; crusher bosses of the coarse crusher department; the extraction engineer, shift' bosses, and haulage bosses of the Inspiration mine division; shift bosses of the Live Oak mine division and the Sulphide Tunnel mine area; and crusher foremen, the tank-house working foremen, and tank-house shift bosses of the leaching plant, The Company contends that the appropriate unit should be limited to the operating engineers,- of whom there are approximately 33 employed throughout the plant. I In a prior proceeding 3 involving the employees of the Company, in which, among others, the Union and International Union of Oper- ating Engineers, Local 424, A. F. L., herein called the Operating En- gineers, participated, the Board established the following units: (a) electricians, (b) pipe-fitters, (c) boilermakers, (d) blacksmiths, (e) carpenters, (f) machinists, (g) railroad trainmen, (h) firemen and enginemen, (i) the remaining production and maintenance employees of the Company. All the above units were established after elections directed by the Board. The following labor organizations were duly certified by the Board as bargaining representatives in the above units (1) International Brotherhood of Electrical Workers, Local B-518, A. F. L., for unit (a), above; (2) United Association of Plumbers & Steamfitters of the United States,& Canada, Local No. 808, A. F. L., for unit (b) above; (3) International Brotherhood of Boilermakers, Iron Shipbuilders & Helpers, Local No. 187, A. F. L., for unit (c), above; (4) International Brotherhood of Blacksmiths, Drop Forgers & Helpers, Local No. 625, A. F. L., 'for unit (d) above; (5) United Brotherhood of Carpenters & Joiners of America, Local No. 1538, for unit (e), above; (6) International Association of Machinists, Gila Valley Lodge No. 1342, A. F. L., for unit (f) above; (7) Brotherhood 3 Matter of Inspiration Consolidated Copper Company and International Brothe)hood of Electrical 117w hers, Local B--518, A. F. L., et al , 44 N. L R B 1160 0 754 DECISION'S OF NATIONAL LABOR RELATIONS BOARD of Railroad Trainmen, for unit (g), above; (8) Brotherhood of Loco- motive Firemen and Enginemen, for unit (h), above; (9) Interna- tional Union of Mine, Mill and Smelter Workers, for unit (i), above. In the same proceedings the Board also directed an election among those employees of the Company who comprise the unit now sought by the Union.4 The Union was the sole participant in the election directed among this group. Forty-three of the valid ballots counted were cast for the Union, and 43 votes were against the Union. The petition was, therefore, dismissed insofar as it concerned this group of employees. In the prior proceeding, the Union sought to establish an industrial bargaining unit including, among others, the group of employees in- volved in the present case. However,' in the instant case the Union desires to represent this group of employees as a separate unit. Inas- much. as the Board heretofore found that the group of employees for which the Union is petitioning herein might properly constitute an appropriate bargaining unit and therefore should vote separately, and since no contention is made in this proceeding that the group in question should be merged in a larger unit, we' are of the opinion that such employees comprise an appropriate unit. We find no merit in the Company's contention that the 33 operating engineers alone consti- tute the appropriate unit. - We, accordingly, find that the pumpmen, operators, operator help- ers, millmen, and the millmen helper of the concentrator and slimes- leaching plant ; pump operators and the oiler of the mechanical and railroad departments; the oil transferman, oilers, and firemen of the power plant; the double-drum hoist operator, the single-drum hoist operator, the tippleman, the pumpman, operators, the hoisthouse oiler, and the oiler of the Inspiration mine division; firemen, millmen, and oilers of the coarse crusher department; double-drum hoist operators of the Live Oak mine division; the crane operator of the tunnel yards; the "operator (swing man)," pumpmen, heating-plant operators, the operator, roll operators, and roll-operator helpers of the leaching plant, including the "working foremen (crane operation)" of the leaching plant, but excluding Alex W. Andrews and Arthur L. Welch of the concentrator and slimes-leaching plant; firemen, engineers, brakemen, and conductors of the mechanical and railroad departments, the boiler foreman and the foremen of the power plant; crusher bosses 4 In the prior case, the Operating Engineers, an intervenor, sought to represent the employees in the unit herein alleged to be appropriate by the Union. Since the Operat- ing Engineers presented no evidence to indicate that it represented any employees of the Company, the Board did not accord it a place on the ballot, but directed a yes-no election among said employees with the Union on the ballot. The Board held that since the employees in the unit there sought by the Operating Engineers were frequently organized on a craft basis, they should not be included in the residual unit of production and maintenance employees, but should be voted as a separate group. t INSPIRATION CONSOLIDATED COPPER COMPANY 755 of the coarse crusher department ; the extraction engineer , shift bosses, and haulage bosses of the Inspiration mine division ; shift bosses of -the Live Oak mine division and the Sulphide Tunnel mine area; and crusher foremen , the tank-house working foremen , and tank-house shift bosses of the leaching plant, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES Although the Company and the Union requested that the pay-roll date of March 20, 1943, be used in determining the eligibility of em- ployees to vote in the election , we perceive no valid reason for departing from our usual practice in the matter . Accordingly, we shall direct that the question concerning representation which has arisen be re- solved by an election by secret ballot among the employees in the appro- priate 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. ' 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 Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Inspiration Con- solidated Copper Company , Inspiration , Arizona, 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, act- ing in this matter as agent for the National Labor Pelations Board, and subject to Article 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 aimed 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 Interna- tional Union of Mine, Mill and Smelter Workers, C. I. O.,- Miami Miners Union, Local #586, for the purposes of collective bargaining. 581647--43-vof 49--49