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, COPPER QUEEN BRANCH and INTERNATIONAL UNION OF MINE, MILL & SMELTER `YORKERS Cases No's R-3643 and R-3681, respectively SECOND SUPPLEMENTAL DECISION AND DIRECTION OF RUN-OFF ELECTION July 25,1942 On May 20, 1942, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections 1 in the above-entitled proceeding. Pursuant to the Direction of Elections, elections by secret ballot were conducted on June 11, 1942, under the direction and supervision of the Regional Director for the Twenty- second Region (Denver, Colorado) On July 10, 1942, the Board issued `a Supplemental Decision, Certification of Representatives, and Direction,2 which, inter alia, directed the Regional Director to open and count 23 challenged ballots which were cast in the election held among residual production and maintenance employees On July 14, 1942, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2,' as amended, issued his Supplemental Election Report, copies of which were duly served upon the parties No objections to the count- ing of the challenged ballots or to the Supplemental Election Report have been filed by any of the parties As to the results of the challenged ballots counted, the Regional Dnector reported as follows: Total number of votes cast fog. Inteinational Union of Mine, Mill and Smelter Workers (CIO) -------------------------- 3 Total number of votes cast for Bisbee Mineis Union, #22792___ 17 Total number of votes cast for neither labor oiganization__-___ 3 141 N L R B 140 2 42 N L R B 288 42 N L R B, No 68a 296 PHELPS-DODGE CORPORATION 297 As to the final tabulation of the results of the balloting among the residual production and maintenance employees the Regional Diiector reported as follows Total number eligible to Note ------------------------------ 1,112 Total number of ballots cast_______________________________ 980 Total number of challenged ballots ________________________ 23 Total number of blank ballots ---------------------------- _ 1 Total number of void ballots--------------------------------- 3 Total numbei of Notes for Inteinational Union of Mine, Mill and Smeltei Woikeis (CIO) ----------------------------- 469 Total number of Notes foi Bisbee Mineis Union, #22792_____ 443 Total numbei of votes foi neither labor organization--------- 41 Bisbee Mineis Union, #22792, affiliated with the American Federa- tion of Labor, and Inteinational Union of Mine, Mill and Smelter Woikers, affiliated with the Congiess of Industiial Orgamzations, have filed with the Regional Diiector iequests for a iun-off election to be conducted by the Board among the residual production and main- tenance employees Although neithei of the competing labor organi- zations ieceived a majoiity of the votes cast in the election in the residual voting unit, the iesults of this election show that a substantial majority of employees voting in the residual group desire to baigain collectively with the Company Accordingly, we shall direct a run-off election among the production and maintenance employees in the iesidual group, in which they will be given an opportunity to decide whether they desire to be iepiesented by Bisbee Mineis Union #22792, affiliated with the American Federation of Labor, or by Inteinational Union of Mine, Mill and Smelter «Toikeis, affiliated with the Congiess of Industrial Organizations, for the purposes of collective bargaining DIRECTION OF RUN-OFF ELECTION By vntue of and pursuant to the power vested in the National Labor Relations Boaid by Section 9 (c) of the National Labor Relations Act, 49 Stat 449, and puisuaiit to Aiticle III, Sections 8 and 9, of National Labor Relations Bo Lid Rules and Regulations-Series 2, as amended, it is hei eby DIRECTED that, as pait of the investigation oidered by the Board to ascertain iepiesentatives for the purposes of collective bargaining with Phelps-Dodge Coi poi ation, Bisbee, Arizona, an election by secret ballot shill be conducted as early as possible, but not later than flinty (30) days fiom the date of this Direction of Run-off Election, sunder the diiection and supei vision of the Regional Directoi foi the Twenty- second Region, acting in this matter as agent for the National Labor Relations Boaid, and subject to Article III, Section 9, of said Rules 298 DECISIONS OF_ NATIONAL LABOR RELATIONS BOARD and Regulations , among all employees in the ninth voting group de- scribed in the Direction of Elections issued on May 20, 1942, but excluding those who have since quit of been discharged for cause, to determine whether they desire to be represented by Bisbee Miners Union, #22792, affiliated with the American Federation of Labor, or by International Union of Mnie, Mill and Smelter Workers, affiliated with the Congress of Industrial Organizations , for the purposes of collective bargaining - -