Santa Rita Store Co.

In the Matter of SANTA RITA STORE COMPANY and CHINO METAL TRADES COUNCIL (AFL) Case No 16-R-1303 -Decided June 23,1945 Messrs. J. F . Woodbury and Ben Shantz, of Silver City , N. Mex., for the Company. Messrs. F. G . Broome and Fred A. Crawford , of Hurley, N . i\'[ex., for the Union. Mr. Stanley B. fiorengold , of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by Chino Metal Trades Council (AFL) on behalf of Office & Technical Workers Union, Local No. 62, herein called the Union, alleging that a question affecting commerce had arisen concern- ing the representation of employees of Santa Rita Store Company, Santa Rita, New Mexico, herein called the Company, the National Labor Rela- tions Board provided for an appropriate hearing upon due notice before William J. Scott, Trial Examiner. Said hearing was held at Silver City. New Mexico, on May 2 and 3, 1945. The Company and the Union ap- peared and participated. All parties were afforded full opportunity to he 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 an 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 The Santa, Rita Store Company, a New Mexico corporation, operates a general store located in the mining towns of Santa Rita and Hurley, New Mexico The record indicates that the Company is wholly owned by the 62 N L. R. B , No. 102. 804 SANTA RITA STORE COMPANY 805 Kennecott Copper Corporation which operates a copper mining enterprise in these same towns. The operations of the Santa Rita Store Company are closely integrated with that of its parent the Kennecott corporation. The Santa Rita Store Company's board of directors consists of Kennecott's chief supervisory personnel. In both towns the Company's stores are lo- cated on Kennecott property and its main buildings are owned by the Kennecott corporation. The Company advances credit to newly hired Ken- necott employees and each day Kennecott sends its time books to the Com- pany for use as a credit reference. The Company is also notified when any Kennecott employee terminates his employment. All Kennecott employees receive their pay checks at the store and until a few years ago the em- ployee's bill at the store was automatically deducted from his pay check. While that practice has since been discontinued, there still have been- occasional instances of it, the last being but a few months ago.' The record also indicates that in 1944 the purchases of the Santa Rita Store Company amounted to $752.000, 71.1 percent of which came from points outside the State of New Mexico. Its sales amounted to $1,000,000, all of which were made to persons within the State. Approximately 80 per- cent of the Company's customers are employees of the Kennecott Corpo- ration. The Company also sells merchandise at wholesale prices to the Kennecott Corporation and local boarding houses patronized principally by Kennecott employees.-' WVe find, contrary to its contention, that the Company is engaged in com- merce within the meaning of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED Office and Technical Workers Union, Local No. 62, affiliated with the Chino Metal Trades Council, affiliated with the American Federation of Labor, is ,a labor organization admitting to membership employees of the Company: 111. THE QUESTION CONCERNING REPRESENTATION On March 22, 1945, the Chino Metal Trades Council informed the Com- pany that it represents a majority of the Company's employees at both their Hurley and Santa Rita stores, and that it requests recognition as the bargaining representative of the Company's employees. The Company, by letter dated March 30. 1945, refused such recognition, stating that it is 1 The Kennecott corporation paid retroactive wage increases and deducted store hills therefrom 'The Board has found that the Kennecott Copper Corporation is engaged in commerce within the meaning of the National Labor Relations Act (Matter of Ke ,iiecott Copper Coi poration, 50 N L. R B 842), and that the Santa Rita Store Company is operated in conjunction with Kenne- cott' s mining subsidiary , Nevada Consolidated Copper Corporation, together comprising Kennecott's mining enterprise at Santa Rita and Hurley , (Matter of Nevada Consolidated Copper Corporation, 26 N. L. R.B 1182). 806 DECISIONS OF NATIONAL LABOR RELATIONS BOARD not engaged in interstate commerce and hence not subject to the provisions of the National Labor Relations Act, but that if the Company should be found subject to the Act and the Union is duly certified by the Board as the bargaining representative of the Company's employees, the Company will then accord it recognition. A statement of a Board agent, introduced into evidence at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found appropriate.' We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the meaning of Sec- tion 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, in substantial accord with the agreement of the parties, that all office clerks, counter, clerks, meat cutters, and delivery boys of the Com- pany's stores at Santa Rita and Hurley, New Mexico, excluding laborers, part-time employees, 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 appro- priate for the purposes of collective bargaining within the meaning of Sec- tion 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the employees in the appropriate unit who were employed during the pay-roll period imme- diately 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 Relation, 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 representatives for the purposes of collective bargaining with Santa Rita Store Company. Santa Rita, New Mexico, 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 Sixteenth Region, acting in this matter as agent for the National Labor 5 The Field Examiner reported that of 52 employees in the unit petitioned for, the Union submit- ted 30 authorization cards, 29 of which bear apparently genuine signatures of employees on the Company's pay roll of April 15, 1945, 28 designations were dated March 1945; 1 was undated SANTA RJTA STORE COMPANY 807 Relations Board, and subject to Article III, Sections 10 and 11, 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 imme- diately 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 those employees 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 %%hether or not they desire to be represented by Office and Technical Work- ers Union, Local No. 62, affiliated with the Chino Metal Trades Council (AFL), for the purposes of collective bargaining. MR. GL'RARD D. RFILLY took no part in the consideration of the above Decision and Direction of Election.