Phelps Dodge Corp.

In the Matter of PHELPS DODGE CORPORATION UNITED VERDE BRANCH and INTERNATIONAL ASSOCIATION OF -MACI-IINISTS, LOCAL No. 223; INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIP BUILD- ERS AND HELPERS, LOCAL No. 406; INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL No. B 657; and INTERNATIONAL BROTHERHOOD OF CARPENTERS AND JOINERS, LOCAL No. 1061 Cases Nos. R-558 to R-561, inclusive CERTIFICATION OF REPRESENTATIVES June 11, 1938 On April 15, 1938, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections in the above-entitled case.' The Direction of Elections directed that elections by secret ballot be conducted within thirty (30) days from the date of the Direction among a. All persons employed by Phelps Dodge Corporation, herein called the Company, at its United Verde Branch, Jerome and Clark- dale, Arizona, as machinists, jigger boss machinists, machinist ap- apprentices, machinist helpers, toolmakers, special machinists, drill press operators, mill machinists, inine machinists and smelter ma- chinists, whose names appeared on the pay rolls for the Mine Divi- sion and the Smelter Division dated January 8, 1938, including those whose names appeared on Appendix A, attached to the Direction of Elections, but excluding those employees who had since quit or been discharged for cause, to determine whether or not they desired to be represented by international Association of Machinists; Local No. 223, affiliated with the American Federation of Labor, for the purposes of collective bargaining; b. All persons employed by the Company at its United Verde Branch, Jerome and Clarkdale, Arizona, as boilermakers, boilermaker helpers, boilermaker apprentices, special boilermakers, boilermaker jigger bosses, welders, boiler shop punchmen, mill boilermakers and boiler shop layer-out, whose names appeared on the pay rolls for the Mine Division and the Smelter Division dated January 8, 1938, includ- ing those whose names appeared on Appendix B, attached to the 1 6 N. L R B 624. 862 DECISIONS AND ORDERS 863 Direction of Elections, but excluding those employees who had since quit or been discharged for cause, to determine whether or not they desired to be represented by International Brotherhood of Boiler- makers, Iron Ship Builders, Welders and Helpers of America, Local No. 406, affiliated with the American Federation of Labor, for the purposes of collective bargaining ; c. All persons employed by the Company at its United Verde Branch, Jerome and Clarkdale, Arizona, as electricians, electrician helpers, electrician apprentices, armature winders, electrician jigger bosses, metermen and meterman apprentices, whose names appealed on the pay rolls for the Mine Division and the Smelter Division dated January 8, 1938, including those whose names appeared on Appendix C, attached to the Direction of Elections, but excluding all persons employed as radio men, refrigerator men, switchboard oper- ators, crane men, and generator attendants, and those employees who had since quit or been discharged for cause, to determine whether or not they desired to be represented by International Brotherhood of Electrical Workers, Local No. B-657, affiliated with the American Federation of Labor, for the purposes of collective bargaining; and d. All persons employed by the Company at its United Verde Branch, Jerome and Clarkdale, Arizona, as carpenters and carpenter apprentices, whose names appeared on the pay rolls for the Mine Division and the Smelter Division dated January 8, 1938, including those whose names appeared on Appendix D, attached to the Direc- tion of Elections, but excluding carpenter helpers and those employees who had since quit or been discharged for cause, to determine whether or not they desired to be represented by United Brotherhood of Car- penters and Joiners of America, Local No. 1061, affiliated with the American Federation of Labor, for the purposes of collective bargaining. Pursuant to the Decision and Direction of Elections, elections by secret ballot were conducted on May 13 and 14, 1938, under the direction and supervision of Towne Nylander, the Regional Direc- tor for the Twenty-first Region (Los Angeles, California), among the eligible employees of the Company. Full opportunity was accorded to all the parties to this investigation to participate in the conduct of the secret ballots and to make challenges. On May 16, 1938, the said Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regula- tions-Series 1, as amended, issued and duly served upon the par- ties an Intermediate Report upon the elections. No objections or exceptions to the Intermediate Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : 864 NATIONAL LABOR RELATIONS BOARD a. Machinist Division Total number eligible______________________________________ 50, Total number of ballots counted___________________________ 49 Total number of votes for International Association of Ma- chinists, Local No. 223 (A F. of L ------------------ 44 Total number of votes against International Association of Machinists, Local No 223 (A. F. of L )--------------------- 5 Total number of blank ballots______________________________ 0 Total number of void ballots________________________________ 0 Total number of challenged votes___________________________ 0 b. Boilermaker Division Total number eligible_______________________________________ 3g Total number of ballots counted_____________________________ 34 Total number of votes for International Brotherhood of Boil- ermakers, Iron Ship Builders, Welders and Helpers of America, Local No. 406' (A. F. of L ) --------------------- 33 Total number of votes against International Brotherhood of Boilermakers, Iron Ship Builders, Welders and Helpers of America, Local No. 406' (A. F. of L.) -------------------- 1 Total number of blank ballots_______________________________ 0 Total number of void ballots________________________________ 1 Total number of challenged votes____________________________ 0 c. Electrician Division Total number eligible_______________________________________ 31 Total number of ballots counted_____________________________ 31 Total number of votes for International Brotherhood of Elec- trical Workers, Local No B 657 (A. F. of L ) -------------- 26 Total number of votes against International Brotherhood of Electrical Workers, Local No. B 657 (A. F. of L.)__________ Total number of blank ballots_______________________________ Total number of void ballots________________________________ Total number of challenged votes___________________________ d. Carpenter Division 5 0 0 Total number eligible_______________________________________ 11 Total number of ballots counted____________________________ 11 Total number of votes for United Brotherhood of Carpenters and Joiners of America, Local No. 10613 (A F of L.) ------ 10 Total number of votes against United Brotherhood of Car- penters and Joiners of America, Local No. 10613 (A. F. of L.) --------------------------------------------------- 1 Total number of blank ballots_______________________________ 0 Total number of void ballots_______________________________ 0 Total number of challenged votes___________________________ 0 2 This is the correct name, used in the Direction of Elections . The name appearing in the Regional Director's report is "Intl. Bro. of Boilermakers , Iron Ship Bldrs. & Ilelprs., Local No. 406 (A. F. of L )." 3 This is the correct name, used in the Direction of Elections The name appearing in the Regional Director' s report is "Intl. Bro. of Carpenters & Joiners, Local No 1061 (A. F. of L.)." DECISIONS AND ORDERS 865 By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Re- lations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations- Series 1, as amended, IT IS HEREBY CERTIFIED that International Association of Ma= chinists, Local No. 223, affiliated with the American Federation of Labor, has been designated and selected by a majority of the persons employed by Phelps Dodge Corporation at its United Verde Branch, Jerome and Clarkdale, Arizona, as machinists, jigger boss ma- chinists, machinist apprentices, machinist helpers, toolmakers, special machinists, drill press operators, mill machinists, mine machinists and smelter machinists, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, International Association of Machinists, Local No. 223, affiliated with the American Federation of Labor, is the exclusive representa- tive of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment; and IT IS HEREBY CERTIFIED that International Brotherhood of Boiler- makers, Iron Ship Builders, Welders and Helpers of America, Local No. 406,4 affiliated with the American Federation of Labor, has been designated and selected by a majority of the persons employed by Phelps Dodge Corporation at its United Verde Branch, Jerome and Clarkdale, Arizona, as boilermakers, boilermaker helpers, boiler- maker apprentices, special boilermakers, boilermaker jigger bosses, welders, boiler shop punchmen, mill boilermakers and boiler shop layer-out, as their representative for the purposes of collective bar- gaining, and that, pursuant to Section 9 (a) of the Act, International Brotherhood of Boilermakers, Iron Ship Builders, Welders and Helpers of America, Local No. 406, affiliated with the American Federation of Labor, is the exclusive representative of all such em- ployees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of em- ployment; and IT IS HEREBY CERTIFIED that International Brotherhood of Electri- cal Workers, Local No. B 657, affiliated with the American Federa- tion of Labor, has been designated and selected by a majority of the persons employed by Phelps Dodge Corporation at its United Verde Branch, Jerome and Clarkdale, Arizona, as electricians, electrician helpers, electrician apprentices, armature winders, electrician jigger bosses, meterrmen and meterman apprentices, excluding radio men, 4 See footnote 2 The name appearing on the ballot was "International Brotherhood of Boilermakers, Iron Ship Builders and Helpers , Local No 406, A, F of L." 866 NATIONAL LABOR RELATIONS BOARD refrigerator men, switchboard operators, crane men, and generator .attendants, as their representative for the purposes of collective bar- gaining, and that, pursuant to the provisions of Section 9 (a) of the Act, International, Brotherhood of Electrical, Workers,, Local No. B 657, is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment; and IT IS HEREBY CERTIFIED that United Brotherhood of Carpenters and Joiners of America, Local No. 1061,5 affiliated with the American Federation of Labor, has been designated and selected by a majority of the persons employed by Phelps Dodge Corporation at its United Verde Branch, Jerome and Clarkdale, Arizona, as carpenters and carpenter apprentices, excluding carpenter helpers, as their repre- sentative for the purposes of collective bargaining, and that, pursuant to the provisions of Section 9 (a) of the Act, United Brotherhood of Carpenters and Joiners of America, Local No. 1061, affiliated with the American Federation of Labor, is the exclusive representative of all such employees for the purposes of collective bargaining in re- spect to rates of pay, wages, hours of employment, and other con- ditions of employment. 5 See footnote 3. The name appearing on the ballot was "International Brotherhood of Carpenters and Joiners , Local No 1061 , A. F. of L "