Alaska Juneau Gold Mining Co.

In the Matter of ALASKA JUNEAU GOLD MINING COMPANY and JUNEAU MINE & MILL WORKERS UNION, LOCAL No. 203, OF INTER- NATIONAL UNION OF MINE, MILL AND SMELTER WORKERS Case No. R-1029.-Decided November 8, 1938 Gold Mining Industry-Investigation of Representatives : controversy con- cerning representation of employees : employer unwilling to count any em- ployees but members in good standing among those having designated labor organization as representative for collective bargaining ; several labor organiza- tions claim to represent employees-Unit Appropriate for Collective Bargain- ing: production and maintenance employees ; stipulation as to-Representatives: proof of choice : where union bylaws provide that delinquent members are dropped, delinquency of union members in paying dues raises some doubt as to their continuing desire to be represented by union-Election Ordered Mr. Thomas P. Graham, Jr., for the Board. Mr. H. L. Faulkner, of Juneau, Alaska, for the Company. Mr. W. A. Rasmussen, of Juneau, Alaska, for the Juneau Union. Mr. Maurice T. Johnson, of Juneau, Alaska, for the Federal Union, the Machinists, and the Brotherhood. Mr. William Stix, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF TM-CASE On June 7, 1938, the Juneau Mine & Mill Workers Union, Local No. 203, of the International Union of Mine, Mill and Smelter Workers (herein called the Juneau Union) filed with the Regional Director for the Nineteenth Region (Seattle, Washington) a peti- tion alleging that a question affecting commerce had arisen concern- ing the representation of employees of Alaska Juneau Gold Mining Company, Juneau, Alaska (herein called the Company). The peti- tion requested an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449 (herein called the Act). On August 2, 1938, the National Labor Relations Board (herein called the Board) acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National 9 N. L. R. B., No. 69. 755 134068-39-vol ix-49 756 NATIONAL LABOR RELATIONS BOARD Labor Relations Board Rules and Regulations-Series 1, as amended, ordered an investigation and authorized the Regional Director to con- duct it and to provide for an appropriate hearing upon due notice. On September 2, 1938, the Regional Director issued a notice of hearing which was duly served upon the Company and the Juneau Union, and also upon International Association of Machinists, Local No. 514 (herein called the Machinists), Federal Union No. 21001 (herein called the Federal Union), and International Brotherhood of Electrical Workers, Local No. B-4621 (herein called the Brother- hood), each of the latter three being a labor organization claiming to represent employees directly, affected by the investigation. Pur- suant to the notice, a hearing was held at Juneau, Alaska, on Sep-, tember 15, 1938, before Martin Raphael, -the Trial Examiner duly designated by the Board. The Company was represented at the hearing by counsel, as were the Machinists, the Federal Union, and the Brotherhood. The Juneau Union was represented by W. A. Rasmussen, its president. All participated in the hearing. Full opportunity to be heard, to examine and to cross-examine witnesses, and to introduce evidence bearing upon the issues was afforded all parties. During the hearing the Trial Examiner made several rul- ings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings of the Trial Examiner are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. TIIE BUSINESS OF THE COMPANY The Company is and has been since February 17, 1897, a corpora- tion organized and existing under the laws of the State of West Virginia. It is engaged in the mining, milling, sale, and distribu- tion of gold, and in development operations. It has its mines and works in and near the vicinity of Juneau, Alaska, and its princi- pal office in San Francisco, California. From 1893 to 1934, products, principally gold, having a gross value of $42,000,000 were recovered by the Company from its mines. Steel, lumber, powder, carbide, machines, bolts, and nuts are purchased by the Company'in various States of the United States, the purchases made in the eastern part of the United States being shipped to Juneau through the Panama Canal. Approximately 84 per cent of the gold contained in the ore mined by the Company at Juneau is recovered at the 1 Notice was served on Local No. 462 . This union is variously referred to in the record as Local No. 462 and as Local No B-.462 . The latter appears to be the correct designation. - DECISIONS AND ORDERS 757 Company's mill there and is shipped in brick form to the Federal Assay Office at Seattle, Washington. The concentrates containing the remainder of the gold, together with silver and lead, are shipped from Juneau to the American Smelting and Refining Company at Selby, California. The Company is, with respect to tonnage of crude ore, the largest gold mining enterprise in the United States. II. THE ORGANIZATIONS INVOLVED Juneau Mine and Mill Workers Union, Local No. 203, is a labor organization chartered by International Union of Mine, Mill, and Smelter Workers, which is affiliated with 'the Committee for Indus- trial Organization. It admits to membership persons working in and around mines, mills, and smelters, including employees of the Company. Local No. 514 is a labor organization chartered by the Interna- tional Association of Machinists, which is affiliated with the Ameri- can Federation of Labor. It admits to membership machinists, me- chanical repair men, and helpers, including those employed by the Company. Local No. B-462 is a labor organization chartered by the Inter- national Brotherhood of Electrical Workers, which is affiliated with the American Federation of Labor. It admits to membership per- sons who work in or with electricity, either in construction or op- eration, including those in the employ, of the Company. Federal Labor Union No. 21001 is a labor organization chartered by the American Federation of Labor., It admits to membership mine and mill employees of the Company. None of these labor organizations allows supervisory employees to be active members. III. THE QUESTION CONCERNING REPRESENTATION In March 1938, the Juneau Union requested the Company to recognize it as the exclusive collective bargaining agency for em- ployees of the Company. The Company expressed its willingness to grant such recognition to any organization which represented a majority of its employees, but it refused to consider in the total of employees who had designated the Juneau Union as their representa- tive for purposes of collective bargaining anyone except members of the Juneau Union in good standing. _Whether the Juneau Union would have had a majority if all the employees whom it-claimed to represent had been considered does not appear from-the record. The Machinists, the Federal Union, and the Brotherhood claim to represent some of the Company's employees. We find that a question has arisen concerning representation of employees of the Company. 758 NATIONAL LABOR RELATIONS BOARD W. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce within the Territory of Alaska and between it and the several States, and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT It was stipulated by the Company and by the four unions that the production and maintenance employees of the Company, excluding supervisory personnel, office employees, and technical engineers, but including watchmen, would constitute a unit appropriate for the purposes of collective bargaining. We see no reason to alter the agreed unit. We find that the production and maintenance employees of the Company, excluding supervisory personnel, office employees, and technical engineers, but including watchmen, constitute a unit appro- priate for the purposes of collective bargaining and that said unit will insure to employees of the Company the full benefit of their right to self-organization and collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES The Juneau Union introduced the names of applicants for mem- bership 2 and a list of members. Of the employees of the Company who were listed as members, 72 were 2 or more months in arrears in the payment of dues." The constitution of the International Union of Mine, Mill and Smelter Workers, which was introduced in evidence, sets forth by- laws which govern local unions until amended by them. These bylaws provide : 2 Some applicants had paid their initiation fee, others had not. 8 The following table shows the periods for which these members had been in arrears : Number of months Number of members 2----------------------------------------------------- 21 3----------------------------------------------------- 12 4----------------------------------------------------- 15 5----------------------------------------------------- 3 6----------------------------------------------------- 3 7----------------------------------------------------- 5 8----------------------------------------------------- 3 9----------------------------------------------------- 2 10----------------------------------------------------- 4 11----------------------------------------------------- 4 DECISIONS AND ORDERS ARTICLE VIII 759 SEC. 2. Dues of each member shall be due on the first day of each month and past due on the first day of the following month. SEC. 3. Any member being two or more months in arrears with his dues shall not be allowed a voice or vote in the affairs of the local, and shall be automatically dropped as a member of the local and be reinstated only upon payment of the reinstatement fee and such other penalties as the local may impose. In March 1938, the Company objected and, at the hearing, the three A. F. of L. unions objected to including in the count any per- sons other than members of the Juneau Union in good standing. Without the 72 members who are 2 or more months in arrears in payment of dues, the Juneau Union does not have a majority, and in no event would it have a majority of more than one or two per- sons.4 The Board has consistently held that membership in a trade union is not a necessary condition precedent to the designation of the union as a bargaining representative.-' However, since the lapse in the dues payments of the 72 employees raises some ground for doubt as to their continuing desire to be represented by the Juneau Union, and since, moreover, representatives of each of the four unions stated at the hearing that they had no objection to the holding of an elec- tion to determine the question of representation, we are of the opin- ion, under all the circumstances of this case, that the doubt as to the employees' designation of a bargaining representative should be re- solved by the holding of an election by secret ballot.5 The three A. F. of L. unions requested that, in the event of an election, they might appear'on the ballot as: "JOINT COMMITTEE of Federal Labor Union #21001, International Association of Ma- chinists Local #514, International Brotherhood of Electrical Workers Local #B 462, all affiliated with the American Federation of Labor," and we shall so direct. All parties agreed that, in the event of an election, the pay roll used should be that immediately preceding the date of the election. We find that those eligible to vote in the election shall be persons in the appropriate unit who are on the pay roll of the Company im- mediately preceding the date of the election as herein directed. 40n September 12, 1938, the Company had 982 employees of whom approximately 45 fell into categories excluded from the bargaining unit. s Matter of The Serrick Corporation and International Union, United Automobile Workers of America, Local No. 459, 8 N. L. R. B 621 and cases cited therein in note 9. Matter of Eagle-Picher Mining and Smelting Company and International Union of Mine, Mill and Smelter Workers, Local 429, 8 N. L. R B. 1008. 760 NATIONAL LABOR RELATIONS BOARD Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Alaska Juneau Gold Mining Company, Juneau, Alaska, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. The production and maintenance employees of the Company, excluding supervisory personnel, office employees , and technical en- gineers, but including watchmen, constitute a unit appropriate for the purposes of collective bargaining , within the meaning of Section 9 (b) of the National Labor Relations Act. 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 Re- lations Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 1, as amended, it is hereby DIRECTED that, as a part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with Alaska Juneau Gold Mining Company, Juneau, Alaska, an election by secret ballot shall be conducted within thirty (30) days from the date of this Direction , under the direction and supervision of the Regional Director for the Nineteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Reg- ulations , among the production and maintenance employees of Alaska Juneau Gold Mining Company , Juneau, Alaska, who are on the pay roll of the Company immediately preceding the date of the election, excluding supervisory personnel , office employees, and technical en- gineers, and those who have since quit or been discharged for cause, but including watchmen , to determine whether they desire to be represented by Juneau Mine & Mill Workers, Local 203, International Union of Mine, Mill and Smelter Workers ( affiliated with the Com- mittee for Industrial Organization ) or by Joint Committee of Fed- eral Labor Union #21001, International Association of Machinists, Local #514, International Brotherhood of Electrical Workers, Local No. 462 , all affiliated with the American Federation of Labor, for the purposes of collective bargaining , or by neither.