Phelps-Dodge Corp.

In the Matter of PHELPS-DODGE CORPORATION and BISBEE MINERS UNION, #22792, AND AMERICAN FEDERATION OF LABOR In the Matter Of ' PHELPS-DODGE CORPORATION and INTERNATIONAL BROTHERHOOD OF BLACKSMITHS, DROP FORGERS & HELPERS #617, AND AMERICAN FEDERATION OF LABOR In the Matter Of PHELPS-DODGE CORPORATION and INTERNATIONAL BROTHERHOOD OF BOILER MAKERS, IRON SHIP BUILDERS & HELPERS #639,AND AMERICAN FEDERATION OF LABOR In the Matter of PHELPS-DODGE CORPORATION and UNITED BROTHER- HOOD OF CARPENTERS &- JOINERS OF AMERICA, #2302, AND AMERICAN FEDERATION OF LABOR In the Matter Of PHELPS-DODGE CORPORATION and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, #B487, AND AMERICAN FEDERATION OF LABOR III the Matter Of PHELPS-DODGE, CORPORATION and INTERNATIONAL ASSOCIATION OF MACHINISTS, #1121, LOWELL LODGE, AND AMERICAN FEDERATION OF LABOR In the Matter Of PHELPS-DODGE CORPORATION and UNITED ASSOCIATION OF JOURNEYMEN PLUMBERS & STEAM FITTERS OF UNITED STATES & CANADA, #616, AND AMERICAN FEDERATION OF LABOR In the Matter Of PHELPS-DODGE CORPORATION and INTERNATIONAL UNION OF OPERATING ENGINEERS, #420, AND AMERICAN FEDERATION OF LABOR In the Matter Of PHELPS-DODGE CORPORATION and INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN dL' HELPERS OF AMERICA, #310 AND AMERICAN FEDERATION OF LABOR In the Matter Of PHELPS-DODGE CORPORATION, COPPER QUEEN BRANCH and INTERNATIONAL UNION OF MINE, MILL & SMELTER WORKERS Cases Nos. R-3643 to R-3651 Inclusive, Respectively and R-3681.- Decided May 20, 1942 Jurisdiction : copper mining industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord petitioners recognition until certified by the Board ; elections necessary. 41 N. L R B., No. 30 140 PHELPS-DODGE CORPORATION 141 Units . Appropriate for 'Collective Bargaining : separate units proposed by craft unions and a semi-industrial union affiliated with the same parent may properly constitute separate bargaining units or be merged in a single industrial unit contended for by an industrial union ; determination of, dependent upon the results of separate elections. Mr. Willard Y. Morris, for the Board. Mr. Derzson Ketchel, of Phoenix, Ariz., for the Company. Mr. Paul M. Peterson, of Bisbee, Ariz., for the AFL Unions. Mr. Cotton Murray, of Phoenix, Ariz., for the Boilermakers. Mr. John Murray, of Santa Monica, Calif., for the Carpenters. Mr. Alfred 8haclcel f ord, of Tucson, Ariz., for the I. B. E. W. Mr. C. L. Bentley, of San Diego, Calif., for the I. A. M. Mrs. Margaret Bennett Porter, of Denver, Colo., Mr. Orville Larson, of Douglas, Ariz., Mr. M. M. Simpson, of Bisbee, Ariz., and Mr. John Lackner and Mr. Harry Hafner, of Warren, Ariz., for the Smelter Workers. Mr. Frederic B. Parkes, II, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon petitions duly filed by the labor organizations set forth in Section II, below, each alleging that a question affecting commerce had arisen concerning the representation- of employees' of Phelps- Dodge Corporation, Bisbee, Arizona, herein- called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Webster Powell, Trial Examiner. Said hearing was held. at Bisbee, Arizona, on March 16- and 17, 1942. The Board, the Company, and the labor organizations appeared,, par- ticipated,,and were afforded full opportunity to be heard,, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. At the outset of the hearing, International Union of Mine, Mill & Smelter Workers, herein called the Smelter Workers, objected to a present investigation and determination of representa- tives and moved to postpone the proceedings. The Trial Examiner denied the motion to postpone but reserved ruling for the Board on the objections. The objections are hereby overruled. At the close of the hearing the Smelter Workers moved that the Board give no consideration to. the authorization evidence submitted by Bisbee Miners Union, #22792, American Federation of Labor, herein called 142 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the Bisbee Miners.' The Trial Examiner reserved' ruling on the` motion for the Board. The motion is hereby denied. The Trial Examiner's rulings made at the hearing are free from'prejudicial error and are hereby affirmed. On April 21, 1942, the Smelter Work- ers filed a brief which the Board has considered. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Phelps-Dodge Corporation, a New York corporation, is engaged in the mining, refining, and fabricating of copper. It wholly owns numerous subsidiary mining, copper-refining, copper-fabricating, public utility, mercantile, railroad, and other, companies in Mexico, New York, New Jersey, Indiana, California, ew Mexico, Texas, and Arizona. The instant proceeding is concerned solely with the opera- tions of the Company's Copper Queen Branch, Mines Division, at Bisbee, Arizona, where the Company is engaged in the mining of copper and other metal-bearing ores. During the year 1941, the Company produced approximately 1,051,150 dry tons of ore at its Copper Queen Branch. All such ore was shipped to the smelter of the Company at Douglas, Arizona, and after treatment there was shipped to points outside the State of Arizona. The Company em- ploys approximately 1,657 employees at Its Copper Queeu Branch, Mines Division. The Company admits that its operations affect commerce within the meaning of the Act. H. THE ORGANIZATIONS INVOLVED Bisbee Miners Union, #22792; International Brotherhood of Blacksmiths, Drop Forgers & Helpers #617, herein called the Black- smiths; International Brotherhood of Boiler Makers, Iron Ship Builders & Helpers #639, herein called the Boilermakers; United Brotherhood of Carpenters & Joiners of America, #2302, herein called the Carpenters; International Brotherhood of Electrical Work- ers, #B487, herein called the I. B. E. W.; International Association I The Smelter workers asserts that the real Bisbee Miners Union has been in existence since the days of the western Federation of Miners and that such union is now affiliated with the C I 0 and that the A. F. of L in appropriating that name misled the employees into signing its petitions. We find this contention to be without merit. Although the Western Federation of Miners and the present local of the Smelter workers, may have been colloquially termed "Bisbee Miners Union ," it does not appear that they were so designated in their formal charters PHELPS-DODGE CORPORATION 143 of Machinists, #1121, Lowell Lodge, herein called the I. A. M.; United Association of Journeymen Plumbers & Steam Fitters of United States & Canada, #616, herein called the Plumbers; Inter- national Union of Operating Engineers, #420, herein called the Operating Engineers; and International Brotherhood of Teamsters, Chauffeurs, Warehousem6n & Helpers of America, #310, herein called the Teamsters, are labor organizations affiliated with the Amer- ican Federation of Labor, admitting to membership employees of the Company and are sometimes collectively called herein the AFL Unions. International Union of Mine, Mill & Smelter Workers, herein called the Smelter Workers, is a labor organization affiliated with the Con- gress of Industrial Organizations, admitting to membership em- ployees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The AFL Unions commenced their organizational activities at the Company's Copper Queen Branch, Mines Division, early in June 1941 and requested recognition as the statutory representatives of the employees within the units which each claims to be appropriate. On July 27, 1941, the authorization evidence submitted by 'tlie AFL Unions was checked against the Company's pay roll and it was determined- that the AFL Unions apparently represented a majority of the Company's employees. Thereafter a metal trades council, representing the AFL_Unions, commenced negotiations for a contract with the Company. When the Smelter Workers filed with the Re- gional Director charges of unfair labor practices against the Com- pany, the Company discontinued its negotiations with the AFL Unions and refused to recognize them until they were certified by the Board.2 The Smelter Workers is the successor of the Western Federation -of Miners, which was established at Bisbee about 1906. From 1912 to 1933 the Smelter Workers engaged in several organizational cam- paigns among the Company's employees. In June 1941, the Smelter Workers commenced its latest organizational campaign. Statements of the Regional Director and of the Board's attorney introduced into evidence at the hearing indicate that the AFL 2 The Regional Director refused to issue a complaint based on those charges and the Smelter workers appealed to the Board , which has affirmed the disposition made by the Regional Director. 144 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Unions and Smelter Workers each represents a substantial number of employees in the units urged by them 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 Act. IV. THE APPROPRIATE UNITS A. Contentions of the parties Each of the AFL Unions, with the exception of the Bisbee Miners, has petitioned for a bargaining unit composed of the skilled employees of the Company who are hourly paid and engaged in an occupation bringing them within the jurisdiction of the -respective petitioners. In the main, none of these organizations seeks to represent unskilled or common laborers. The Bisbee Miners seeks a unit composed of all remaining hourly paid employees not included in the units sought by the other AFL Unions. On the other hand, the. Smelter Workers denies the appropriateness of the units proposed by the AFL Unions and insists that only an industrial unit is appropriate, comprising all hourly, rated production and maintenance employees, With the t s The following tabulation sets forth the Regional Director 's statement in regard to the authorization evidence submitted to him by the petitioners: Union Evidence Apparently genuine Dated ' Number on pay Number in unit signatures roll 291 Juno '41_____ Bisbee miners --------- Authorization lists--- 652 286 July '41 20 Aug '41_____ 55 undated----- 496 } 1223 Blacksmiths----------- Authorization lists--- 24 1 June'41_____ 23 undated-- __ 24 20 Boilermakers---------- Authorization lists--- 33 (• 26 June '41_____ 1, 7 July '41_____ 31 37 Carpenters ------------ Authorization lists--- 11 5 June '41_____ 2 Aug '41_____ 4 undated.---- 6 } 8 I B. E. W-- ---------- Authorization lists---- 14 4 June '41_____ 3 July '41__ 13 39 I A. M--------------- Authorization lists ---- 22 7 undated__ 22 July '41_____ 18 23 Plumbers______________ Authorization lists _ _ _ _ 7 7 June '41_____ 7 18 Operating engineers--- Authorization lists _ _ _ _ 81 r4between June 27 and July 3______ 7 undated.. 72 } 74 Teamsters ------------ Authorization lists--- 10 8 July '41 undated.. ' 10 14 Smelter workers Application cards 353 89 Tune 41 Ill lnly '41 ____ 76 Aug '41_ --- ' 266 1393 _______ -7 Sept 41---- 40 Oct '41_____ 10 Nov 41_____ At the hearing the Smelter Workers submitted 32 additional application cards, of which 10 were dated in November 1941, 5 in December 1941, 7 in January 1942, 8 in February 1942, and 2' in March 1942 The Board's attorney stated that all signatures appeared to be oiigmal and genuine and that 23 are names of persons on the Company s rely roll of Octob 1 29, 1941 He further stated that of the remaining 9 signatures, 8 ale names of persons on the Company's pa} roll of March 12, 1942, wwhuh was mtsoduced into evidence PHELPS-DODGE CORPORATION 145 exception of supervisory and clerical employees , watchmen, and diamond-drill employees . The Company also contends that an industrial unit is appropriate, The mining operations of the Company at Bisbee cover an area approximately 13/4 miles wide and 2 miles long, centered about its underground mines. There are four mine-operating shafts, naively, Junction, Sacramento, Coal, and Campbell, all of which connect underground . The Junction shaft is the principal operation at the present time . The , various shops comprising the mechanical depart- ment are located in the Junction shaft-yard. Most of the electrical energy required by the Company is purchased from a power company at Douglas, Arizona. In the Junction yard the Company operates, a turbine power plant which furnishes all compressed air and some of the electricity used by the. Company. In addition , the Company has a diesel power plant which is strictly a stand-by plant operating, only from 1 to 6 days each month in emergencies . It appears that only one employee , the chief engineer, who is paid on a salary basis and therefore excluded from the units proposed by the labor organiza- tions, is, employed continuously at the diesel plant. When the, plant is. in operation employees are drawn from the , mechanical shops, the 'power plant , mines, ,and. other departments to run the plant. The Blacksmiths seeks to represent the employees of the blacksmith and steel-sharpening shops. All forging which requires metal to be heated and to be changed in shape by hammers is done in the black- smith - shop. The employees of the steel-sharpening shop sharpen detachable bits, tools, and steel. - The employees of the two, shops are not interchangeable but, their work is , similar and all are skilled workers. The unit proposed by the Boilermakers embraces the employees of the rope shop and of the boiler and welding shop and the five tin workers of the machine shop.4 The rope-shop employees maintain steel.lioisting cables, performing all lubrication and repair work -neces- sary thereto . The boiler- and, steel -shop employees work chiefly on plate steel both in the shop and in the mines . They repair under- ground mucking machines, manufacture and repair mine. cars and pockets, and ferrule and fabricate various steel equipment needed in the mining operations. They also perform practically all the welding necessary in the Company's Bisbee operations . The tin workers of the machine shop are exclusively engaged in sheet-metal work, chiefly in the construction of ventilation pipes, and are claimed by the Boiler- makers, pursuant to a reciprocal agreement with the sheet-metal workers union. 4 Specifically, Zacarias Lu0ue, Sr, J R Sampson , J. A Lee, E J Bingham, and J L Atkinson 463502-42-No1 41--10 146 DECISIONS OF' NATIONAL LABOR RELATIONS BOARD The Carpenters urges a unit composed of the carpenter-shop -em- ployees and four employees of the sawmills The employees of the carpenters' shop are skilled carpenters engaged in the maintenance of the Company's buildings, the-erection of smaller buildings, and-the building of gates and ladders for the mines and forms for concrete work. Of the sawmill employees claimed by the carpenters, one oper- ates a wedge-baler machine which produces wooden wedges reinforced with iron strips ; two operate framing machines which cut notches in timber to be used in the underground operations; and the fourth cuts such timber to the specified length. The unit requested by the I. B. E. W. is composed of the electric- shop employees all of whom appear to be skilled workers. Approxi- mately half, of the electricians work in the mines installing and main- taining certain motors, storage-battery locomotives, and trolley power lines. Those working on the surface maintain lines, motors, and equipment in the shops and property of the Company. The I. A. M. contends that the machine-shop employees, with the exception of the tinners,6 truck laborers and drivers, -the janitor 7 and the gardener 8 constitute an appropriate unit. The employees whom the I. A. M. desires to represent appear to be skilled machinists en- gaged in the maintenance and repair of machinery and equipment. Most of their time is spent in the machine shop, although on occasion they may be assigned to underground work. . The Plumbers petitions for a unit of all employees of the pipe and rigger shop, with the exception of three employees claimed by the Operating Engineers.9 The employees whom the Plumbers desires to represent are engaged in the installation of heavy pipe on the surface and in the mines. They also perform all plumbing work required in the Company's operations. The Teamsters asserts that all truck drivers, truck laborers, ware- housemen, and supply receiving clerks constitute an appropriate unit. The truck drivers and laborers transport machinery to and from the machine shop, haul supplies to the warehouse, and run errands. The warehousemen and supply receiving clerks receive merchandise as it arrives at the warehouse, check invoices, and fill requisitions for supplies and tools. _ The Operating Engineers includes in its unit conveyor operators,, Junction power-plant employees, hoisting engineers and hoisting oilers, pumping-department employees, and the three employees in the pipe and rigger shop previously mentioned.1° The conveyor 5 Specifically, R M Leon, L. I3 Goefker, P J. Watley, and Billy Barnes. 6 See footnote 4, supra Specifically, J F Garcia s Specifically, R C. Martinez ' - Specifically, R F Sprague, J G A Junttola, and H W Nichols 10 See footnote 9, supr a. PHELPS-DODGE CORPORATION 147 operators are in charge of the conveyor belt on which ore is dumped as it is hoisted from the mines. Power-plant employees embrace engineers, mechanics, foremen, water tenders, and boiler washers, all of whom are engaged in the operation of that plant. The hoisting engineers and oilers operate the hoists at the various shafts, raising and lowering men, supplies, timber, and equipment. Pumping= department employees work at several large pumping stations in the mine. They operate, repair, and oil the pumps. Of the pipe- and rigger-shop employees, the Operating Engineers would represent R. F. Sprague, who operates a mechanical shovel; J. G. A. Junttola, who repairs and maintains conveyors; and H. W. Nichols, who operates the refrigeration plant. The Bisbee Miners desires to represent the remaining hourly paid employees of the underground department, mechanical department, and surface department, not claimed by the other AFL Unions, in- cluding the salaried gardner of the hospital department, but exclud- ing deputized watchmen. All the AFL Unions would exclude from their units supervisory employees with the authority to hire and, dis- charge and all clerical, office, and tecluiical employees. The Smelter Workers contends, in general, that all hourly paid production and maintenance employees, with the exception, of super- visory and clerical employees, diamond-drill employees, and watch- men, constitute an appropriate unit. From the foregoing it appears that the employees in the units proposed by the AFL Unions and the Smelter Workers might prop- erly constitute separate bargaining units or might be merged in a single industrial unit. In this situation, we shall permit the scope of the bargaining unit or units to be, determined by the results, of separate elections.,' B. The voting units There reiuains for consideration the specific composition of the voting, units. The AFL Unions and the Smelter Workers are agreed that the first-aid instructor, salaried foremen wind bosses of the underground and mechanical departments, hotel employees, medical-department employees, salaried engineering and technical employees, salaried accounting-department employees, the diamond-drill foreman, and deputized watchmen should be excluded from any unit. Since these "See Matter of The Globe Machine and Stam.ptng Co and Metal Polishers Union, Local No. 3 ; International Association of Machinists, Distract No. 51,; Federal Labor Union 18788, and United Automobile Workers of America, 3 N. L. R. B 294; Matter-of-Phelps Dodge Corporation, Copper Queen Branch, Smelter Division and International Brother hood of Electrical 111oiker i. Local No B-rill, et al, '14 N L R B 846; and Matter, of Kennecott Copper Corporation. Nevada Consolidated Copper Corporation and Brotherhood' of Railroad 7',ain,nen , et at 40 N L R B 986 148 DECISIONS OF NATIONAL LABOR RELATIONS BOARD salaried employees possess supervisory authority or perform func- tions substantially different from those of the hourly paid production and maintenance workers, we shall exclude them from the voting units. The AFL Unions would include in their emits, and the Smelter Workers would exclude from its unit, all gang, shaft, shaft-repair, and jigger bosses,12 who are hourly paid employees. The pay rolls of the various shops comprising the mechanical department list- em- ployees under the classification, mechanic gang bosses. It appears that such employees are the most highly skilled and highly paid workmen in those shops. They act as leaders and may recommend discharge. The shaft boss and the shaft-repair boss in the under- ground department are working foremen performing manual work. They have authority to send men working under their direction "to the top." However, such action does not necessarily mean that the employees will be discharged; they may be shifted to another posi- tion. If they are discharged the, approval of the shift boss or a higher supervisory offici€d is necessary. Jigger bosses are miners or timbermen who are temporarily assigned to supervise certain work not sufficiently important to require the attention of the shift fore- men. It appears that jigger bosses may recommend discharge. In our opinion the supervisory duties of these employees is not of such a nature as to warrant their exclusion from the voting units. We shall accordingly include all mechanic gang bosses, the shaft boss, the shaft-repair boss, and jigger bosses in the voting units.- The Bisbee Miners desires to include in its unit the following employees; whom the Smelter Workers would exclude. (1) The precipitation plant jigger boss assisted by one attendant operates the underground precipitation plant which reclaims. copper sulphate from the mine water. As they are clearly production em- ployees, we shall include the precipitation plant jigger boss and. the attendant-in•the,Bisbee Miners' voting unit. (2) Drilling instructors and fanlay• machine instructors teach em- ployees to use pneumatic drills and to operate the finlay mucking machine which is a power shovel. It appears that they may recom- mend discharge. Inasmuch as the essential nature of their work differs from that of the production and maintenance employees, we shall exclude all drilling instructors and finlay instructors from the Bisbee Miners' voting unit. (3) R. Q. Hewlett is listed on-tlie underground pay roll as a timber= man. The Smelter Workers urges his exclusion for the reason that u Also referred to in the record as jigger bosses 13 See Matter of Phelps Dodge Corpoiattion, Copper Queen Branch, Smelter Division and International Brotherhood of Electrical Workers, Local No B-444, et al, 34 N L R R 846 PHELPS-DODGE, CORPORATION 149 a supply clerk is neither a production nor maintenance employee. He orders, receives, and distributes supplies in the mines. Inasmuch as the Smelter Workers did not exclude from its unit the supply men furnishing supplies on requisition from the underground shaft bosses and did' specifically include warehouse supply receiving clerks, we shall include Hewlett in the Bisbee Miners' voting unit. (4) 'The sample-mill boss directs and supervises the work of buckers. The latter run samples from the mine through a drying process and then pulverize the samples. The mill boss takes the pulverized samples to the assay office and checks them. We shall exclude the sample-mill boss from the Bisbee Miners' voting unit. (5) The watchmen are stationed at entrance gates to the Company's property and keep out unauthorized visitors. Four mounted watch- men are armed and patrol the Company's property. It appears that an undisclosed number of the watchmen are deputized. We shall ex- clude all watchmen from the Bisbee Miners' voting unit.14 (6) The general office janitor cleans the Company's main offices. Since the Smelter Workers included in its unit other janitors and locker-room attendants, we shall include the general office janitor in the Bisbee Miners' voting unit. (7) A. V. Zamora is employed as a gardener on the hospital grounds and is paid on a' salary basis. In view of the fact that hospital employees are excluded from the unit and also that the other garden- ers included in the unit are hourly paid, we shall exclude Zamora from the Bisbee Miners' voting unit. Upon the basis of the entire record, and in accordance with the foregoing findings of facts, we shall order elections among the em- ployees of the Company within the groups described below, including therein all gang and jigger bosses, the shaft boss, and the shaft-repair boss, but excluding therefrom the first-aid instructor, salaried fore- men and bosses of the underground and mechanical departments, hotel employees, medical-department employees, salaried engineering and technical employees, salaried accounting-department employees, and the diamond-drill foreman : 1. All employees of the blacksmith and steel-sharpening shops to 'determine whether they desire to be represented by the Blacksmiths or by the Smelter Workers, for the purposes of collective bargaining, or by neither ; 2. All employees of the boiler and welding shop and of the rope shop and the tin workers of the machine shop to determine if they 14 See Matter of Phelps Dodge Coipo>ateon , Copper Queen Branch, Smelter Division and International Brothe) hood of Rlectrical IVorhers, Local No B-434, et al, 34 N. L. R. B .846. 150 DECISIONS OF NATIONAL LABOR RELATIONS BOARD desire to be represented by the Boilermakers or by the Smelter Workers, for the purposes of collective bargaining, or by neither; 3. The carpenter-shop employees, and the wedge baler and framing- machine operators of the sawmill," to determine whether they desire to be represented by the Carpenters or by the Smelter Workers, for the purposes of collective bargaining, or by neither; 4. All employees of the electric shop to determine whether they desire to be represented by the I. B. E. W. or by the Smelter Workers, for the purposes of collective bargaining, or by neither ; 5. All machine-shop employees with the exception of the machine- shop tinners, truck drivers and laborers, the janitor, and the gardener, to determine whether they desire to be represented by the I. A. M. or by the Smelter Workers, for the purposes of collective bargaining, or by neither; 6. All employees of the pipe and rigger shop, with the exception of R. F. Sprague, J. G. A. Junttola, and H. W. Nichols, to determine whether they desire to be represented by the Plumbers or by the Smelter Workers, for the purposes of collective bargaining, or by neither ; 7. All truck drivers, laborers, warehousemen, and supply-receiving clerks, to determine whether they desire to be represented by the Teamsters or by the Smelter Workers, for the purposes of collective bargaining, or by neither; 8. All conveyor operators, Junction power-plant employees, hoisting engineers and oilers, pumping-department employees, and R. F. Sprague, J. G. A. Junttola and H. W. Nichols, to determine whether they desire to be represented by the Operating Engineers or by the Smelter Workers, for the purposes of collective bargaining, or by neither; and 9. All the remaining employees of the underground department, mechanical shops and surface departments, including the precipitation plant jigger boss and attendant, R. Q. Hewlett, the general office janitor, but excluding the sample-mill boss, drilling instructors, finlay machine instructors, watchmen, and A. V. Zamora, to determine whether they desire to be represented by the Bisbee Miners or by the Smelter Workers, for the purposes of collective bargaining, or by neither. As stated above, there will be no final determination of the ap- propriate unit or units pending the results of the elections. Those groups choosing the AFL Unions as their bargaining representation will constitute separate and distinct appropriate units. The groups that choose the Smelter Workers will, together, constitute a single appropriate unit. 15 See footnote 5, supra. PHELPS-DODGE CORPORATION 151 V. THE DETERMINATION OF REPRESENTATIVES The record does not clearly disclose the -status and duties of diamond drillers and diamond-drill helpers who are hired , discharged, and supervised by an independent contractor performing prospecting work for the Company. These employees , however, appear on the Company's pay roll for the allegedly sole purpose of making hos- pitalization and other employee -benefits available to them and are paid by check by the Company . We are unable upon the present record to determine whether or not they are employees of the Com- pany within the meaning of the Act. From statements of the Smelter Workers and the Company filed with the Board after the hearing, it appears that they would exclude the diamond -drill employees from the unit; the Bisbee Miners clearly desires their inclusion in its unit. In view of these circumstances , we shall allow the diamond drillers and diamond -drill helpers to vote in the group of employees con- stituting the Bisbee Miners' voting unit, subject to challenge. For the purpose of determining eligibility to vote, the AFL Unions suggest the use of any pay roll within a reasonable date before the election , the Smelter Workers would prefer the pay roll immediately preceding the date of election, and the Company stated no preference. We shall direct in accordance with our usual practice that the em- ployees of the Company eligible to vote in the elections shall be those who were employed during the pay-roll period immediately preceding the date of the Direction of Elections herein, subject to such limita- tions and additions set forth in the Direction. 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 Relations Act, 49 Stat . 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with Phelps Dodge Corporation , Bisbee, Arizona, 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-second Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among all employees of the Company's Copper Queen Branch, Mines Division, in each of the groups described below who were employed during the pay-roll period immediately preceding the date of this 152 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Direction of Elections, including all gang and jigger bosses, the shaft boss, the shaft repair' boss, and employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid ' off, but excluding the first-aid, instructor, salaried foremen and bosses of the underground and mechanical departments, hotel employees, medical-department employees, salaried engineering and technical employees, salaried accounting-department employees, the diamond drill foremen, and employees who have since quit or been discharged for cause : (1) All employees of the blacksmith and steel-sharpening shops to determine whether they desire to be represented by International Brotherhood of Blacksmiths, Drop Forgers & Helpers #617, affili- ated with the American Federation of Labor, or by International Union of Mine, Mill & Smelter Workers, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining, or by neither ; (2) All employees of the boiler and welding shop and of the rope shop, and the tin workers of the machine shop to determine if they desire to be represented by International Brotherhood of Boiler Makers, Iron Ship Builders & Helpers #639, affiliated with the American Federation of Labor, or by International Union of Mine, Mill & Smelter Workers, affiliated with the Congress of Indus- trial Organizations, for the purposes of collective bargaining, or by neither; (3) The carpenter-shop employees, and the wedge baler and f taming-machine operators of the sawmill to determine whether they desire to be represented by United Brotherhood of Carpenters & Joiners of America, #2302, affiliated with the American Federation of Labor, or by International Union of Mine, Mill & Smelter Work- ers, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining, or by neither; (4) All employees of the electric shop to determine whether they, desire to be represented by the International Brotherhood of Elec- trical Workers, #B487, affiliated with the American Federation of Labor, or by International Union of Mine, Mill & Smelter Workers, - affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining, or by neither; (5) All machine-shop employees, with the exception of the ma- chine-shop tinners, truck drivers and laborers, the janitor, and the gardener to determine whether they desire to be represented by the International Association of Machinists, #1121, Lowell Lodge, affiliated with the American Federation of Labor, or by International Union of Mine, Mill & Smelter Workers, affiliated with the Congress PHELPS-DODGE CORPORATION 153 of Industrial Organizations, for the purposes of collective bargaining, or by neither; (6) All employees of the pipe and rigger shop, with the exception of R. F. Sprague, J. G. A. Junttola, and H. W. Nichols to determine whether they desire to be represented by United Association of Journeymen Plumbers & Steam Fitters of United States & Canada, #616, affiliated with the American Federation of Labor, or by the International Union of Mine, Mill & Smelter Workers, affiliated with the Congress of Industrial Organizations, for the purposes of col- lective bargaining, or by neither; (7) All truck drivers, laborers, warehousemen, and supply-receiving clerks to determine whether they desire to be represented by Inter- national Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, #310, affiliated with the American Federation of Labor, or by International Union of Mine, Mill & Smelter Work- ers, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining, or by neither; (8) All conveyor operators, Junction power-plant employees, hoist- ing engineers and oilers, pumping-department employees, and R. F. Sprague, J. G. A. Junttola, and H. W. Nichols to determine whether they desire to be represented by International Union of Operating Engineers, #420, affiliated with the American Federation of Labor, or by International Union of Mine, Mill & Smelter Workers, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining, or by neither; and (9) All the remaining employees of the -underground department, mechanical shops and surface departments, including the precipita- tion plant jigger boss and attendant, R. Q. Hewlett, the general office janitor,, diamond drillers, and diamond-drill helpers, but excluding the sample-mill boss, drilling instructors, finlay machine instructors, watchmen, and A. V. Zamora, to determine whether they desire to be represented by the Bisbee Miners Union, #22792, affiliated with the American Federation of Labor, or by International Union of Mine, Mill & Smelter Workers, affiliated with the Congress of In- dustrial Organizations, for the purposes of collective bargaining, or by neither.