Castle Dome Copper Co., Inc.

In the Matter of CASTLE DOME COPPER Co ., INC. and UNITED BROTHER- HOOD OF CARPENTERS AND JOINERS OF AMERICA, LOCAL 1538 In the Matter Of CASTLE DOME COPPER CO., INC. and TRUCK DRIVERS, CHAUFFEURS, TEAMSTERS & HELPERS, LOCAL No. 274 OF I. B. OF T. C. W. & H. OF A. In the Matter of CASTLE DOME COPPER Co., INC. and INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 428 In the Matter Of CASTLE DOME COPPER Co., INC. and CONSTRUCTION, PRODUCTION AND MAINTENANCE LOCAL UNION #383, of I .- H. C. B. & C. L. U. OF A. In the Matter of CASTLE DOME COPPER Co., INC. and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL B-518 In the Matter of CASTLE DOME COPPER Co., INC. and INTERNATIONAL ASSOCIATION OF MACHINISTS , LOCAL No. 1342 In the Matter of CASTLE DOME COPPER CO., INC. and INTERNATIONAL BROTHERHOOD OF BOILERMAKERS , IRON SHIP BUILDERS , AND HELPERS, LODGE No. 187 In the Matter of CASTLE DOME COPPER Co., INC. and INTERNATIONAL BROTHERHOOD OF BLACKSMITHS, DROP FORGERS & HELPERS, LOCAL UNION No. 625 In the Matter of CASTLE DOME COPPER Co., INC. and UNITED Asso CIATION OF JOURNEYMAN PLUMBERS AND STEAMFITTERS OF THE U. S. AND CANADA LOCAL UNION No. 808 In the Matter of CASTLE DOME COPPER Co., INC. and INT. UNION OF MINE, MILL & SMELTER WORKERS FOR ITSELF AND ON BEHALF OF ITS LOCAL UNION #586, CIO Cases Nos. R-5685 to R-5690 inclusive , and R4719 to R-7P inclusive, respectively.Decided August 24, 1943 Morris & Malott, by Messrs. G. H. Morris and James R. Malott, of Globe, Ariz., for the Company. 52 N. L. R. B., No. 22. 135 136 DECISIONS OF NATIONAL LABOR REIA'nONS BOARD 'Mr. G. W. Ogden, of Miami, Ariz., for the Carpenters. Messrs. H. R. Lown and George Sorenson, of Phoenix, Ariz., for the Teamsters. - Mr. W. A. Gray, of Phoenix, Ariz., for the Operating Engineers. Mr. Dean A. Sisk, of Phoenix, Ariz., for the Laborers. Mr. Alfred Shackelford, of Tucson, Ariz., and Mr. W illiann M. Peterson, of Claypool, Ariz., for the IBEW. Mr. H. B. McMurry, of Phoenix, Ariz., for the I. A. M. Mr. W. D. Taylor, of Tucson, Ariz., for the Boilermakers. Mr. Paul M. Peterson, of Miami, Ariz., for the A. F. of L. Messrs. Orville Larson and Arthur Ashby, of Miami, Ariz., for the C. I. O. Miss Muriel J. Levor, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon amended petitions duly filed by United Brotherhood of Car- penters and Joiners of America, Local 1538, herein called the Car- penters; Truck Drivers, Chauffeurs, Teamsters & Helpers, Local No. 274 of I. B. of T. C. W. & H. of A., herein called the Teamsters; International Union of Operating Engineers Local 428, herein called the Operating Engineers; Construction, Production and Maintenance Local Union #383, of I. H. C. B. & C. L. U. of A., herein called the Laborers; International Brotherhood of Electrical Workers, Local B-518, herein called the IBEW; International Brotherhood of Boiler- makers, Iron Ship Builders, and Helpers, Lodge No. 187, AFL, herein called the Boilermakers; International Brotherhood of Blacksmiths, Drop Forgers & Helpers, Local Union No. 625, herein called the Black- smiths; United Association of Journeyman Plumbers and Steamfitters of the U. S. and Canada Local Union No. 808, herein called the Plumbers, together collectively called the A. F. of L. Unions herein; International Association of Machinists, Local No. 1342, herein called the I. A. M.; and International Union of Mine, Mill & Smelter Workers for itself and on behalf of its Local Union #586, CIO, herein called the C. I. 0., alleging that questions affecting commerce had arisen concerning the representation of- employees of Castle Dome Copper Co., Inc., Castle Dome, Arizona, herein called the Company, then National Labor Relations Board provided for an appropriate con- solidated hearing upon due notice before Daniel J. Harrington, Trial Examiner. Said hearing was held at Globe, Arizona,, on July 8, 1943. CASTLE DOME COPPER CO., INC. 137 The Company, the A. F. of L. Unions, the I. A. M., and the C. I. O. appeared, participated, and 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 are hereby affirmed. All 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 I. THE BUSINESS OF THE COMPANY Castle Dome Copper Co., Inc., a wholly owned subsidiary of the Miami Copper Company, is a, Delaware corporation doing business in the State of Arizona. The Company is engaged in the mining and reduction of copper ore. It operates a mill owned and financed by the Defense Plant Corporation which derives concentrates from the copper ore which the Company mines on property it owns at Castle Dome, Arizona. The copper concentrates derived from these operations are shipped to a smelter situated at Miami, Arizona, where they are reduced to blister copper, which is shipped to points outside the State of Arizona for refining and processing. In the operation of its mine and mill, the Company annually purchases supplies of a value in excess of $500,000, a substantial portion of which is shipped from points outside the State of Arizona. The Company concedes that•it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED United Brotherhood of Carpenters and Joiners of America, Local 1538; Truck Drivers, Chauffeurs, Teamsters & Helpers, Local No. 274 of I. B. of T. C. W. & H. of A.; International Union of Operating Engineers Local 428; Construction, Production and Maintenance Local Union #383, of I. H. C. B. & C. L. U. of A.; International Brotherhood of Electrical Workers, Local B-518; International Brotherhood of Boilermakers, Iron Ship Builders and Helpers, Lodge No. 187; Inter- national Brotherhood of Blacksmiths, Drop Forgers & Helpers, Local Union No. 625; and United Association of Journeyman Plumbers and Steamfitters of the U. S. and Canada Local Union No. 808, are labor organizations affiliated with the American Federation of Labor, ad- mitting to membership employees of the Company. International. Association of Machinists, Local No. 1342, is a labor organization admitting to membership employees of the Company. 138 ' DR(ISAONS OF NATIONAL LABOR,RRLAT'IONIS BOARD International Union of Mine, Mill & Smelter Workers and its Local Union #586 are labor organizations affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. M. THE QUESTION CONCERNING REPRESENTATION The A. F. of L. Unions, the I. A. M., and the C. Ia O. have each asserted claims to represent a majority of the Company's employees- in the unit each claims to be appropriate and have requested the Com- pany to commence collective bargaining negotiations with each of them, respectively. The Company refuses such recognition unless and until the appropriate bargaining unit be designated by the Board. Statements of the Field Examiner introduced in evidence at the hearing, together with a statement of the Field Examiner introduced in evidence by an agreement made at the hearing, indicate that the A. F. of L. Unions and the I. A. M. each represents a substantial num- ber of employees in the unit each claims to be appropriate.' We find that questions affecting commerce have arisen concerning the representation of employees of the Company within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. IV. THE APPROPRIATE UNIT; TH} DETERMINATION OF REPRESENTATIVES The A. F. of L. Unions and the I. A. M. claim as appropriate, units composed of those employees of the Company who fall within their respective jurisdictions. The C. I. O. contends that only one bargain- ing unit is appropriate and that it should be constituted on an indus- i The following tabulation sets forth the Field Examiner 's statements concerning the authorization- evidence submitted to him- Unions Number of names on pay roll in the unit claimed Number of designa- tions or dues records submitted Number of signatures which corre- spond with names on the Company's pay roll of May 22, 1943 Carpenters ------------------------------------------------ 2 2 3 Teamsters 57 47 79 Operating Engineers 94 64 82 Laborers -------------------------------------------------- 99 33 60 1. B E W... ............................................. 6 4 4 -I. A. M--------------------------------------------------- 46 *31 70 Boilermakers --------------------------------------------- 13 7 7 Blacksmiths ---------------------------------------------- 2 1 3 Plumbers--- --------------------------------------------- 4 2 (approx.) 6 .Of this number, 7 duplicate names in the Laborers' unit and 7 duplicate names in the unit of the Operating Engineers. The C. I. 0. submitted e applications for membership bearing names of persons on the foregoing pay roll. There are about 280 employees in the unit urged by the C. I. 0. CASTLE DOME COPPER CO., INC. 139 trial basis. The Company takes no position concerning the composi- tion of the unit or units. All the labor organizations are agreed on the exclusion of timekeepers, clerical, administrative, executive, pro- fessional, and supervisory employees. However, in addition to the controversy concerning the respective merits of craft and industrial units, there are diverse contentions with respect to certain alleged supervisory employees, who, the C. I. 0. asserts, and the A. F. of L. Unions and the 'I. A. M. deny, should be excluded from the proposed unit. The merits of the various contentions will be discussed below. The Company employs foremen who, it appears, possess, among other powers, the authority to discharge or effectively to recommend discharge. They do not perform manual labor except when special circumstances arise. We shall exclude the foremen since they are clearly supervisory employees. There are, also a number of working leadmen who fall within the unit claimed by the I. A. M. At least 50 percent of their time is em- ployed at the same work as the 5 to 10 men under them to whom they submit the foremen's orders. Leadmen receive 50 cents per day more than do the men working under them although they do not have the power to hire and discharge or effectively to change the status of other employees. We find that leadmen do not have, substantial super- visory authority and we shall accordingly include them. The proposed units urged by the A. F. of L. Unions and the I. A. M. are composed of categories of employees which, except for the residual group claimed by the Laborers, belong to occupational groups which have traditionally engaged in collective bargaining on a craft basis. There is no history of bargaining upon either craft or industrial basis with respect to the Company's operations. From the foregoing, it appears that the employees in the units proposed by the craft organi- zations and the remaining production, construction, and maintenance employees might properly constitute separate bargaining units or might be merged in the single industrial unit urged by the C. I. 0. In this situation, we shall permit the scope of the bargaining unit or units to be determined in part by the results of separate elections? Since there is no controversy with respect to the composition of the various voting units, other than the conflict over the disposition of certain supervisory employees previously considered herein, we shall direct that the question concerning representation which have arisen be resolved by separate elections by secret ballot among the em- ployees in the units described in the Direction of Elections, who were employed during the pay-roll period immediately preceding the date 1 Bee Matter of Insptiration Consolidated Copper Company, 44 N L. R. B. 1160; Matter of Kennecott Copper Corporation, Nevada Mines Division, 51 N. L. R. B. 1140. ,' s 140 DECISIONS OF NATIONAL LABOR RE'LAT'IONS BOARD of our Direction of Election, subject to the limitations and additions set forth therein .s DIRECTION OF ELECTIONS 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 2, as amended, it is hereby I DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Castle Dome Cop- per Co., Inc., Castle Dome, Arizona, separate elections 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 Article III, Section 10, of said Rules and Regu- lations, among the following groups, of employees of the Company, who were employed during the pay-roll period immediately preced- ing 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 timekeepers, clerical, administrative, executive; profes- sional and supervisory employees and any employees who have since quit or been discharged for cause : (1) To determine whether all carpenters, and carpenters' appren- tices, employed at the Company's Castle Dome mine and mill, exclud- ing carpenters' helpers 4 and shop foremen, desire to be represented by United Brotherhood of Carpenters and Joiners of America, Local 1538, affiliated with the American Federation of Labor, or by Inter- national Union of Mine, Mill & Smelter Workers and its Local Union .#586, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining , or by neither; (2) To determine whether all truck drivers, truck helpers, truck and tire repairmen , greasemen, car washers, steam cleaners, ware- 9 We shall place the C. I. O. on the ballot although the A. F. of L. Unions urge that its petition be dismissed because of insufficient representation showing, since the mine and mill have only recently gone into production and since the C. I. O. has made some showing of representation . See Matter of Harvsll Asroraft Die Casting Corporation, 28 N. L. R. B. 417,; Matter of American Oil Company, 33 N. L. R. B. 323; and Matter of Marshall Field c6 Company, 35 N. L. R. B. 1200. . . 4 The Carpenters does not recognize the classification of "helper" and urges that such employees as the Company denominates "carpenters helpers" be excluded from the unit. The carpenters' helpers are claimed by the Laborers in the residual unit. We shall accede to the desires of the organizations involved since there is no controversy concerning the disposition of the "carpenters helpers" although such has not been our recent practice. Cf. Matter of Kennecott Copper Corporation, Nevada, Mines Division, 51 N. L. R. B. 1140. CASTLE DOME COPPER CO., INC. 141 housemen, helpers and apprentices , employed at the Company's mine and mill, excluding foremen, desire to be represented by Truck Driv- ers, Chauffeurs , Teamsters & Helpers, Local No. 274 of I. B. of T. C. W. & H. of A., affiliated with the American Federation of Labor, or by International Union of Mine, Mill & Smelter Workers and its Local Union # 586, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining, or by neither; (3) To determine whether all shovel, churn drill, bulldozer and patrol grader operators, shovel oilers, churn drill helpers, pump men, filter pump men, filter plant , lead crusher , grade, compression and screen operators, operators in the mill, oilers , and apprentices, em- ployed at the Company 's mine and mill excluding foremen , desire to be represented by International Union of Operating Engineers Local 428, affiliated with the American Federation of Labor, Or by Inter- national Union of Mine , Mill & Smelter Workers and its Local Union #586, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining , or by neither; (4) To determine whether all laborers (including road men), magazine keepers, powder leaders, air drill machine men , wagon drill helpers, dump men, pit men , screen test men, samplers , experimental helpers, carpenter helpers, janitors , and apprentices , employed at the Company's mine and mill excluding watchmen, foremen , and air drill bosses, desire to be represented by Construction, Production and Maintenance Local Union #383, of I. H. C. B. & C. L. U. of A., affili- ated with the American Federation of Labor, or by International Union of Mine, Mill & Smelter Workers and its Local Union #586, affiliated with the Congress of Industrial Organizations, for the pur- poses of collective bargaining , or by neither; (5) To determine whether all electricians, troubleshooters, substa- tion operators , helpers in the electric department , women trainees in the electric department, and apprentices, employed at the Company's mine and mill excluding foremen, desire to be represented by Inter- national Brotherhood of Electrical Workers, Local B-518, affiliated with the American Federation of Labor, or by International Union of Mine, Mill & Smelter Workers and its Local Union #586, affiliated with the Congress of Industrial Organizations , for the purposes of collective bargaining, or by neither; (6) To determine whether all air drill repairmen, repairmen and their helpers in the mill, mechanics, service mechanics , machinists, drill press operators , caterpillar repair helpers, diesel mechanic help- ers; machinists', helpers; sh6vePrepair '7helpers, churn drill repairmen, churn drill repairmen helpers , leadmen and apprentices, employed at the Company's mine and mill, excluding foremen, desire to be repre- sented by International Association of Machinists , Local No. 1342. or 142 DECISIONS OF NATIONAL LABOR RELATIONS BOARD by International Union of Mine, Mill &'Smelter Workers and its Local Union #586, affiliated with the Congress of Industrial Organi- zations,'for the purposes of collective bargaining, or by neither; (7) To determine whether all boilermakers, welders (including casings), mechanical welders, welder helpers, and apprentices, em- ployed at the Company's mine and mill, excluding foremen, desire to be represented by International Brotherhood of Boilermakers, Iron Ship Builders, and Helpers, Lodge No. 187, affiliated with the Ameri- can Federation of Labor, or by International Union of Mine, Mill & Smelter Workers and its Local Union #586, affiliated with the Con- gress of Industrial Organizations, for the purpose of collective bargaining, or by neither ; (8) To determine whether all blacksmiths, bit shop helpers, churn drill bit sharpeners, air drill bit tempermen, and apprentices, em- ployed at the Company's mine and mill, excluding foremen, desire to be represented by International Brotherhood of Blacksmiths, Drop Forgers & Helpers, Local Union No. 625, or by International Union of Mine, Mill & Smelter Workers and its Local Union #586, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining, or by neither; (9) To determine whether all pipemen, pipe, helpers, pipefitters, and apprentices, employed at the Company's mine and mill, excluding foremen, desire to be represented by International Association of Journeyman Plumbers and Steamfitters of the U. S. and Canada Local Union No. '808, affiliated with the American Federation of Labor, or by International Union of Mine, Mill & Smelter Workers and its Local Union #586, affiliated with the Congress of Industrial Organi- zations, for the purposes of collective bargaining or by neither. CHAIRMAN MILLIS took no part in the consideration of the above Decision and Direction of Elections.