United States Smelting, Refining and Mining Co.

In the Matter Of' UNITED STATES SMELTING, REFINING AND MINING COMPANY and FAIRBANKS MINE WORKERS' UNION, LOCAL No. 444, CHARTERED BY INTERNATIONAL UNION OF MINE, MILL & SMELTER WORKERS, AFFILIATED WITH C. I. O. Case No. R-2001-Decided September 21, 1940 Jurisdiction : gold mining industry. Investigation and Certification of Representatives A question concerning representation has arisen where none of choices on ballot in consent election received a majority. Further election directed at request of two unions whose combined vote in prior inconclusive consent election constituted a majority of ballots cast. Unit Appropriate for Collective Bargaining : all employees, excluding office, clerical, supervisory, professional, and technical personnel, employed by the Company at its operations in the Fairbanks Recording Precinct, Territory of Alaska. Mr: Southall R. Pfund, of Fairbanks, Alaska, and Ropes, Gray, Best, Coolidge cC Rugg, by Mr. Charles E. Wyzanski, Jr., Mr. Archibald Cox, and Mr. Henry C. Moses, Jr., of Boston, Mass., for' the Company.- Mr. J. A. Latlianan, Jr. and Mr. W. A. Rasmussen, of Fairbanks, Alaska, for Local 444. ' Mr. Howard F. Hemen, of Fairbanks, Alaska, for Local 22316. Mr. John C. Smith, of Fairbanks, Alaska, for the Brotherhood. Mr. Edward Scheunemann, of counsel to .the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On June 3, 1940, Fairbanks Mine Workers' Union, Local No. 444, chartered by International Union of Mine, Mill & Smelter Workers, affiliated with C. I. 0., herein called Local 444, 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 the United States Smelting, Refining, and Mining Company, Fairbanks, Alaska, herein called 27 N. L. It 13, No 83 383 384 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the Company, and requesting 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 June 22, 1940, 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 Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and directed the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On June 22, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, upon Local 444, and upon Alaska Miners' and Allied Craftsmen's Federal Union #22316, affiliated with the A. F. of L., herein called Local 22316, and the Brotherhood of Alaska Miners, herein called the Brother- hood, labor organizations claiming to represent employees directly affected by the investigation. On June 29, 1940, the parties entered into a Consent Election Agreement providing for a consent election. On July 3, 1940, pursuant to notice, a hearing was opened before Patrick H. Walker, the Trial Examiner duly designated by the Board. The Company, represented by counsel, and Local 444 and Local 22316, by their officials, participated in the hearing. The Trial Examiner recessed the hearing until July 5, 1940. On July 3, 1940, the Regional Director issued and duly served upon the parties an Order postponing the hearing until further notice. From July 3 to July 13, 1940, an election was conducted under the supervision of Patrick H. Walker as agent for the Regional Director and pursuant to the terms of the Consent Election Agreement among all the employees of the Company, excluding office, clerical, super- visory, professional, and technical personnel to, determine whether they desired to be represented by Local 444, Local 22316, the Brother- hood, or by none for purposes of collective bargaining.. On July 15, 1940, Walker notified the parties that the election results were as follows : Total on eligibility list-------------------------------------- 808 Total ballots cast------------------------------------------- 720 Total votes in favor of Local 22316-------------------------- 29 Total votes in favor of Local 444----------------------------- 345 Total votes in favor of the Biotherhood--------------------- 11 Total votes in favor of none------ -------------------------- 333 Total blank ballots------------------------------------------ 0 Total void ballots ------------------------------------------- 2 Total challenged votes----------------------------- ------ 0 Total on eligibility list not voting---------------------------- 88 UNITED STATES SMEUTING, REFINIl' G AND AWING COMPANY 385 On August 3, 1940, the Regional Director issued and duly served upon the parties an Order reopening the hearing. Pursuant to notice, the hearing was resumed on August 8 and 13, 1940, before Patrick H. Walker, the Trial Examiner previously designated by the Board. The Company, represented by counsel, and Local 444, Local 22316, and the Brotherhood, represented by their officials, par- ticipated in the hearing, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evi- dence bearing on the issues. During the course of the hearing the Trial Examiner made a number of rulings on motions and on objec- tions 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 are hereby affirmed. On August 15, 1940, the Company filed a request for oral argu- ment and for permission to file a brief, and on August 19 and 22, 1940, the Board granted both requests. On September 2, 1940, the Company filed a brief with the Board. Since the record shows that, a large number of employees who are eligible to vote in an election will soon leave Fairbanks due to the seasonal curtailment in the Company's operations, we shall not postpone the election hereinafter directed pending oral argument. We will, however, afford all parties an opportunity to present oral argument prior to our final decision to certify any of the labor organizations or to dismiss,.the petition. Upon the entire record in the case, the Board• makes the following : FINDINGS OF FACT' 1. THE BUSINESS OF THE COMPANY United States Smelting, Refining, and Mining Company, a Maine corporation, with its principal office in Boston, Massachusetts, is engaged in the business of mining, milling, smelting, and refining nonferrous metals. It maintains offices in Salt Lake' City, Utah, Fairbanks, Alaska, and Nome, Alaska. This proceeding involves only the Company's gold dredging operations at Fairbanks, Alaska. During'the years 1936 to 1939, inclusive, the Company purchased tools, equipment, and supplies for use in its operations at Fairbanks valued at approximately $900,000 and it received approximately 7a per cent in value of such materials from outside the territory of Alaska. During the same period the Company shipped gold valued in excess of $1,000,000 to the United States Assay Office in Seattle, Washington. The Company admits that it is engaged in commerce within the meaning of the Act. 323428-42-vol 27-26 386 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II. THE ORGANIZATIONS INVOLVED Fairbanks Mine Workers' Union, Local No. 444, chartered by International Union of Mine, Mill, & Smelter Workers, affiliated with the Congress of Industrial Organizations, Allied Craftsmen's 'Federal Union #22316, affiliated with the American Federation of Labor, and the Brotherhood of Alaska Miners, unaffiliated, are labor organizations admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION j The 'parties agreed to the Consent Election Agreement in order to determine the collective bargaining agency desired by the Com- pany's employees. The results of the election are inconclusive since none of the choices on the ballot received a majority of the valid votes cast. From the number of ballots cast for each labor organi- zation, however, it is apparent that a majority of those voting desire collective bargaining. We find that a question has arisen concerning the representation of employees of the Company. IV. 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 Compay described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States, and tends to lead to labor disputes' burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The parties stipulated at the hearing, and we find, 'that'all em- ployees of the Company, excluding office, clerical, supervisory, pro- fessional, and technical personnel, employed' by the Company at its operations in the Fairbanks Recording Precinct, Territory of Alaska, constitute a unit appropriate for the purposes of collective bar- gaining, and we find further that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and ivill otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES Local 444 and Local 22316 both contended at the hearing that the Board should direct a further election, among the employees in, UNI'T'ED STATES SMEIITING, REFINING AND MINING COMPANY 387 the unit found appropriate by the Board to determine whether they -desire to be represented by Local 444, Local 22316, or the Brother- hood.' The Brotherhood did not object to this contention. The Company opposed the contention. In view of the request of Local 444 and Local 22316, we shall direct the holding of a further election in the form agreed upon 2 Eligibility to vote in such election shall be determined upon the same basis that was used in the consent election. 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 Rela- tions Act, 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' authorized by-the Board to determine representatives for the purposes of collective bargaining with United States Smelting, Refining, and Mining Com- pany, Fairbanks, Alaska, . an election by secret ballot shall be con- ,ducted as early as possible, but not later than thirty (30) days from the date of this Direction of Election, under the direction and super- vision of John O'Connor, Commissioner of Conciliation, Department 'of Labor, acting in this matter as agent for the National Labor Relations Board, and pursuant to Article III, Section 9, of said Rules and Regulations, among all the employees of the Company eemployed at its operations in the Fairbanks Recording Precinct, Territory of Alaska, who were employed during the month of May 1940 and at the time of the consent election, including those who ,did not work at such times because they were ill or on vacation, and those wlio were then or have since been temporarily laid off, but excluding office, clerical, supervisory, professional, and-technical personnel, and employees who have- since quit or been discharged for cause, to determine whether they desire to be represented by Fair- banks Mine Workers' Union, No. 444, chartered by International Union of Mine, Mill, and Smelter Workers, affiliated with C. I. 0., l At the hearing Local 444 objected to the inclusion of the Brotherhood on the ballot solely on the ground that the Brotherhood is not a labor organization We find the objection -to be without merit Since it is clear from the entire record that Local 444 and Local 22316 desire that the "no union " choice only be dropped from the ballot , and that they are agreeable to a ballot containing the names of all of the labor organizations , we shall put the Brotherhood on the ballot However, we shall allow the Brotherhood to withdraw from the election if it desires to do so , by notifying the Regional Director 2 Matter of Conawmers Power Company and Jut Brothel hood of Electrical Workers, Local 876, 27 N L R B 199 388 DECISIONS OF NATIONAL LABOR RELATIONS BOARD or by Alaska Miners ' and Allied Craftsmen 's Federal Union #22316, affiliated with A. F. L., or by Brotherhood of Alaska Miners as their exclusive representative for the purposes of collective bargaining. MR. WILLIAM M. LEISERSON concurring. In view of the agreement between the labor organizations here involved whose combined vote in the consent election indicates that a majority of the employees desire collective bargaining , I concur in the Direction of Election above.