Phelps Dodge Corp.

In the Matter of PHELPS DODGE CORPORATION, COPPER QUEEN BRANCH, SMELTER DIVISION and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL No. B-434 In the Matter Of PHELPS DODGE CORPORATION, COPPER QUEEN BRANCH, SMELTER DIVISION and INTERNATIONAL ASSOCIATION OF MACHINISTS In the Matter of PHELPS DODGE CORPORATION, COPPER QUEEN BRANCH, SMELTER DIVISION and INTERNATIONAL UNION OF MINE, MILL AND SMELTER WORKERS, LOCAL #470 In the Matter of PHELPS DODGE CORPORATION, COPPER QUEEN BRANCH, SMELTER DIVISION and UNITED ASSOCIATION OF JOURNEYMEN PLUMB- ERS & STEAM FITTERS OF UNITED STATES AND CANADA, LOCAL 284 In the Matter Of PHELPS DODGE CORPORATION, COPPER QUEEN BRANCH, SMELTER DIVISION and INTERNATIONAL BROTHERHOOD OF BOILER- MAKERS, IRON SHIP BUILDERS, WELDERS AND HELPERS OF AMERICA, LOCAL 362 Cases Nos. R-2732 to R-2736 inclusive-Decided August 23, 1941 Jurisdiction : copper refining industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord recognition to any organization until certified by the Board ; elections necessary. Units Appropriate for Collective Bargaining : industrial or several craft units: determining factor desires of employees ; determination of, dependent upon elections. Mr. Paul S. Kueltltau, for the Board. Mr. William A. Evans, of Phoenix, Ariz., for the Company. Mrs. John W. Porter, of Littleton, Colo., and Mr. Jess J. Nichols and Mr. Orville Larson, of Douglas, Ariz., for the Mine Workers. Mr. Charles L. Thomas, of San Francisco, Calif., for the I. B. E. W. Mr. C. L. Bentley, of San Diego, Calif.,.for the I. A. M. Mr. Paul M. Peterson, of Douglas, Ariz., for the Steam Fitters. Mr. W. D. Taylor, of Kansas City, Kansas, for the Boiler Makers. Mr. Paul M. Peterson and Mr. E. C. DeBaca, of Douglas, Ariz., for the A. F. L. Unions. Mr. Raymond J. Compton, of counsel to the Board. 34 N. L. R. B., No. 103. 846 PHELPS DODGE CORPORATION DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE 847 On March 10, 1941, International Brotherhood of Electrical Workers, Local No. B-434, herein called the I. B. E. W., filed with the Regional Director for the Twenty-second Region (Denver, Col- orado) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Phelps Dodge Corporation, Copper Queen Branch, Smelter Division, Douglas, Ari- zona,l herein called 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. Petitions were also filed on April 1, 1941, by International Associa- tion of Machinists, herein called the I. A. M.; on April 15, 1941, by International Union of Mine, Mill and Smelter Workers, Local #470, herein called the Mine Workers; 2 on April 29, 1941, by United Association of Journeymen Plumbers & Steam Fitters of United States and Canada, Local 284, herein called the Steam Fitters, and on April 29, 1941, by International Brotherhood of Boilermakers, Iron Ship Builders, Welders and Helpers of America, Local 362, herein called the Boilermakers." On June 13, 1941, the National Labor Rela- tions 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 in- vestigation in each case and authorized the Regional Director to con- duct it and to provide for an appropriate hearing upon due notice, and acting pursuant to Article III, Section 10 (c) (2), of said Rules and Regulations, further ordered that the aforesaid five cases be con- solidated. On July 2, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Mine Workers, and upon the I. B. E. W., the I. A. M., the Steam Fitters, and the Boilermakers, herein collectively called the Craft Unions. Pursuant to the notice, a hearing was held from July 14 to 16, 1941, inclusive, at Douglas, Arizona, before George O. Pratt, the Chief 3 At the hearing the formal papers were amended to designate the Company as set forth above. 2 Amended petitions were filed by the Mine Workers on May 23 and June 21, 1941, respectively. 8 An amended petition was filed by the Boilermakers on June 25, 1941. 848 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Trial Examiner. During the hearing, Smelter Workers Union No. 22663, affiliated with the American Federation of Labor, herein called the S. W. U., a labor organization claiming to represent em- ployees directly affected by the investigation, moved to intervene in the proceeding and requested that it be named on any ballot sub- mitted to employees of the Company in connection with this in- vestigation. The Trial Examiner granted the motion. The ruling is hereby affirmed. The Company and all the unions were represented and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing, the Trial Examiner made rulings on various 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 are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Phelps Dodge Corporation, a New York corporation, is engaged in the mining, refining, and fabrication of copper. It wholly owns nu- merous subsidiary mining,- copper-refining, copper-fabricating, pub- lic-utility, mercantile, railroad, and other companies in Mexico, New York, New Jersey, Indiana, California, New Mexico, Texas, and Ari- zona. Directly and through subsidiaries, the Company also owns ex- tensive mining properties in Mexico and Arizona, and smelting prop- erties in Arizona, including the Douglas plant, the only plant with which this proceeding is concerned. At its Douglas plant, known as the Copper Queen Branch, Smelter Division, the Company is en- gaged in the treating of ores and concentrates and the manufacture of sulphuric acid. In the year 1940, of the tonnage received for treatment at the Douglas plant, 97.05 per cent came from within the State of Arizona, 2.94 per cent from Mexico, and .01 per cent from the State of New Mexico. The respondent received 4,529,390,000 cubic feet of natural gas from Jal, New Mexico, for use in connection with the operation of the Douglas plant during 1940. During the same period, the Douglas plant produced 125,195 tons of copper bullion, all of which was shipped to points outside the State of Arizona. The Company employs approximately 750 production and maintenance employees at its Douglas plant. PHELPS DODGE CORPORATION II. THE ORGANIZATIONS INVOLVED 849 International Brotherhood of Electrical Workers, Local No. B-434, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees at the Douglas plant of the Company. International Association of Machinists, Lodge No. 5596, is a labor organization affiliated with the American Federation of Labor, ad- mitting to membership employees at the Douglas plant of the Company. International Uriion of Mine, Mill and Smelter Workers, Local #470, is a labor organization affiliated with the Congress of Indus- trial Organizations, admitting to membership employees at the Douglas plant of the Company. United Association of- Journeymen Plumbers & Steam Fitters of the United States and Canada, Local 284, is a labor organization affiliated with the American Federation of Labor, admitting to mem- bership employees at the Douglas plant of the Company. International Brotherhood of Boilermakers, Iron Ship Builders, Welders and Helpers of America, Local 362, is a labor organization affiliated with the American Federation of Labor, admitting to mem- bership employees at the Douglas plant of the Company. Smelter Workers Union No. 22663 is a labor organization affiliated with the American Federation of Labor, admitting to membership employees at the Douglas plant of the Company. III. THE QUESTION CONCERNING REPRESENTATION In March 1941 the Mine Workers began a drive to organize the employees of the Company. The I. B. E. W. and the S. W. U. like- wise began to organize in March 1941, and the I. A. M., the Boiler- makers, and the Steam Fitters, in April 1941. Shortly thereafter, all the foregoing unions, with the exception of the S. W. U., requested and were denied recognition by the Company as the bargaining representatives of the employees within the respective units each claims to be appropriate. From a statement prepared by the Regional Director and introduced in evidence, and from statements made at the hearing by the Trial Examiner and counsel for the Board following their examination of a petition and membership application cards submitted by the various unions involved, it appears that the Mine Workers and the A. F. L. 850 DECISIONS OF NATIONAL LABOR RELATIONS BOARD unions represent a substantial number of employees within the respective units they claim to be appropriate.4 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 Company 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 Mine Workers contends that a unit composed of all production and maintenance employees, including rustlers and contractors, but excluding supervisory, clerical, technical, and hospital employees, and watchmen, is appropriate for the purposes of collective bargaining. The S. W. U. likewise contends that an industrial unit is appropriate, but would exclude rustlers, foremen, supervisory employees having authority to hire and discharge, and employees included within the units sought by the Craft Unions. The I. B. E. W. claims that the powerhouse operators, including second engineers, oilers and wipers, construction and maintenance electricians, helpers and assistants, con- * The Mine workers submitted 503 application cards, all but one of which were dated in 1941. All the cards appeared to bear genuine signatures , and 453 of them bore names of employees listed on the Company's pay roll of April 22, 1941. The difficulty in read- ing the signatures and the similarity in names on 46 of the cards made it impossible to ascertain whether or not they were listed on the pay roll. There are approximately 750 employees in the unit claimed to be appropriate by the Mine Workers The S. W. U. sub- mitted 95 membership cards signed in April and May 1941, and a petition signed by 33 additional employees in June and July 1941. 26 of the names appearing on the cards and the petition were duplicates All the remaining 102 signatures appeared to be genuine, and 85 of the names were listed on the pay roll of April 22, 1941. There are approxi- mately 650 employees in the unit claimed to be appropriate by the S. W. U. The I. B. E. W. submitted 33 cards, of which 32 were signed in April and May 1941; 1 was undated. All the cards appeared to bear genuine signatures , and 32 of them bore names of em- ployees listed on the pay roll of April 22, 1941. There are approximately 30 employees in the unit claimed to be appropriate by the I. B. E W. The I. A. M. submitted 11 cards dated April 29, 1941, all of which appeared to bear genuine signatures of employees listed on the pay roll of April 22, 1941. There are approximately 16 employees in the unit claimed to be appropriate by the I. A. M. The Boilermakers submitted 11 authoriza- tion cards, all of which were signed in May 1941 and appeared to bear genuine signatures of employees listed on the pay roll of April 22, 1941. There are approximately 19 em- ployees in the unit claimed to be appropriate by the Boilermakers. The Steam Fitters submitted 14 cards signed between April and July 1941 All the cards appeared to bear genuine signatures, and 12 of them bore names of employees listed on the pay roll of April 22, 1941. There are approximately 19 employees in the unit claimed to be appro- priate by the Steam Fitters. PHELPS DODGE CORPORATION 851 stitute a separate unit appropriate for collective bargaining purposes. The I. A. M. desires a unit composed of machinists, apprentices, and helpers employed in the machine shop; the Steam Fitters, a unit com- posed of pipe fitters and helpers, steam fitters and helpers, plumbers and helpers; and the Boilermakers, a unit composed of boilermakers, welders, and helpers employed in the boiler shop. The Craft Unions would exclude from their respective units rustlers, foremen, and supervisory employees having authority to hire and discharge. The electricians, the machinists, the fitters and plumbers, and the boilermakers, respectively, form definite and recognized crafts. On the other hand, evidence was introduced showing the integrated char- acter of the Company's operations and the appropriateness of an industrial unit including the foregoing craft groups. Under these circumstances we are of the opinion that the electricians, the machin- ists, the fitters and plumbers, and the boilermakers, respectively, might properly constitute separate bargaining units, or they might function as part of a single industrial unit. In this situation we find that the determining factor should be the desires of the employees in these groups themselves.5 There remains for consideration the specific composition of the several groups. The S. W. U. would exclude only foremen and supervisory em- ployees having authority to hire and discharge. The Mine Workers, however, would also exclude from the industrial unit Julian A. Vargas, Heliodoro R. Valdez, Albert L. Aaron, Jose B. Hernandez, and Robert McGinty, minor supervisory employees, who, it contends, devote their entire time to the performance of supervisory duties. The evidence shows, however, that Vargas and Valdez, who are em- ployed as "jigger bosses" and have from 2 to 20 men under their supervision, are engaged approximately 25 per cent of the time in actual work. Aaron, who is listed on the pay roll as a converter drill- man, both assists and supervises 5 employees in the repairing of con- verters; approximately 75 per cent of his time is spent in the perform- ance of his supervisory duties. Hernandez, whose supervisory duties are similar to those of Vargas and Valdez, is in charge of the "bull gang" whose members unload all heavy materials and install heavy equipment. McGinty has duties similar to those of reclaimer oper- ators, who are included within the unit. The supervisory duties of the foregoing employees differ very little from those of 10 other work- ing supervisors who, like the 5 'in question, have only the authority to recommend dismissal. Since the Mine Workers would include 5 Matter of the Globe Machine and Stamping Co. and Metal Polishers Union Local No 3; International Association of Machinists, District No. 54; Federal Labor Union 18788, and United Automobile Workers of America, 3 N. L R. B. 294, and subsequent cases. 852 DECISIONS OF NATIONAL LABOR RELATIONS BOARD these 10 employees, we see no reason for excluding Vargas, Valdez, Aaron; Hernandez, and McGinty, who perform similar duties. Accordingly we shall include them in the unit. The Mine Workers- desire the exclusion of hospital employees and watchmen; the S. W. U. would include them. Because watchmen have interests and perform functions differing from those of other employees, we have excluded them from the appropriate unit in pre- vious cases involving a similar dispute as to their inclusions It is also apparent that the duties and interests of hospital employees like- wise differ from those of production and maintenance employees. We shall exclude them from the unit herein.7 The S. W. U. and the Craft Unions, who contend that rustlers are not employees of the Company, desire their exclusion from the units they claim to be appropriate, whereas the Mine Workers request their inclusion. The evidence shows that rustlers constitute a reserve supply of labor which is utilized by the Company to meet operation needs when regular employees are absent because of illness or for some other reason, and to take care of additional labor requirements caused by the lack of regularity in certain production processes. As of June 28, 1941, there were approximately 110 rustlers listed on the pay roll of the Company to whom no regular position had been assigned, but to whom the Company had issued rustling cards per- mitting them to go anywhere in the plant in search of whatever extra work the various foremen might have available. Rustlers are required to "punch in" daily, and if they fail to report for work over a period long enough to indicate a lack of interest in obtaining employment, their rustling permits are rescinded and their names removed from the pay roll. The Company, however, has set no definite time limit on the number of days a rustler may fail to report to work before revoking his permit. Rustlers are entitled to Work- men's Compensation and hospitalization while actually employed, and to annual vacations if they meet the general requirement, appli- cable to all employees, of having worked at least 240 days during the year. Approximately 10 per cent of the rustlers receive sufficient employment to entitle them to vacations, and the remainder work more than half of the time during the course of a month. Rustlers are usually not skilled workers, since the latter are almost always 6 Matter of Lincoln Engineering Company and Tool & Die Makers Lodge 688 of the Inter- national Association of Machinists, Progressive Lodge 41 of the International Association of Machinists, District No. 9, and International Union, United Automobile Workers of America, Local No. 691, 25 N L. R. B. 1083, and cases cited therein. I Matter of Westinghouse Airbrake Company and United Electric and Radio Workers of America, Railway Equipment Workers Local No. 610, 4 N. L. R B. 403, 409; Matter of the Colorado Fuel & Iron Corporation and Steel Workers Organizing Committee, 29 N. L. R. B. 541. PHELPS DODGE CORPORATION 853 hired directly for existing vacancies . Whenever vacancies occur in permanent or regular positions, however, rustlers having the neces- sary qualifications are given the first opportunity to fill them. When regular employees are laid off due to a decrease in production, they are privileged to become rustlers, and if the rustling personnel is too greatly increased by the lay-off, those rustlers having the least seniority are dropped -from the pay roll. The Company assigns regular pay-roll numbers to the rustlers and considers them to be employees of the Company so long as they have rustling cards. In view of the foregoing, we find that rustlers constitute an integral part of the labor used by the Company. We shall include them in the unit.8 The Mine Workers specifically requests the inclusion of contractors who are employed by the Company to unload ore and concentrates received at the plant in dump cars. The S. W. U. expressed no desire with respect to their inclusion or exclusion. The evidence shows that contractors are -so designated because they are paid according to the number of cars they unload, a specified sum for each car being ' paid by the Company and divided equally among those participating in the unloading. Two contractor crews of 5 men each, employed in unloading concentrates work 6 days a week, and the remaining contractors who unload ore work 4 or 5 days a week. The contractors are notified the day before they are to report for work, and must report at 8: 45 the following morning and remain at work as long as directed by the Company's foreman. Although they do not receive vacations as do the rustlers and other employees, they are assigned regular pay-roll numbers and receive Social Secur- ity benefits. We find that the contractors are employees of the Company and shall include them within the unit.9 The I. A. M. would also include within the machinists' unit Ben Holtane, Jr., and Marion Blevins, who are employed in the machine shop and listed on the pay roll as handymen. It appears that both Holtane and Blevins operate drill presses. Since their work is similar and closely related to that of the machinists, we shall include them within the unit. The Steam Fitters would include within the unit it claims to be appropriate Thomas A. Hoag, William Stocks, Fred L. Ferre, and Manuel E. Faria, employed in the acid plant as leadburners, and William C. Huish, employed in the acid plant as a repairman. The 8 Cf Matter of B. Hoberman and Amalgamated Meat Cutters and Butcher Workmen of North America, Local No. 195, affiliated with the American Federation of Labor, 30 N L. R B. 1241. 9 See Matter of Seattle Post-Intelligencer, Department of Hearst Publications, Inc. and Seattle Newspaper Guild, Local No. 82, 9 N. L. R. B. 1262, 1272-1275. 451269-42-voI 34-55 854 DECISIONS OF NATIONAL .LABOR RELATIONS BOARD Steam Fitters bases its claim to jurisdiction over these employees upon the fact that all of them are engaged in pipe work. While the leadburners make lead pipes, they also work on sheet lead as well and do their own welding, whereas the work of the pipe fitters is usually confined to the threading, cutting, and connecting of pipes. Hoag, Stocks, and Ferre, the leadburners above referred to, all testi- fied-that leadburning was a separate craft having no similarity to pipe fitting. None of the leadburners employed in the acid plant are members of the Steam Fitters. With respect to Huish, the repairman in the acid plant, Stewart Carpenter, the general plant foreman, testified that he did not know the exact type of work performed by Huish, and other than the claims made by the Steam Fitters there is no evidence with respect to his duties. James C. Jones, whom the Steam Fitters would exclude, is also listed on the pay roll as a repair- man in the acid plant and no evidence was introduced to show where- in his duties differ from those allegedly performed by Huish. In view of the foregoing, we shall exclude these employees from the fitters' and plumbers' unit. We shall, therefore, order elections among the employees of the Company at its Douglas plant within the groups described below : (a) Powerhouse operators, including second engineers, oilers and wipers, construction and maintenance electricians, helpers and assist- ants, including rustlers, but excluding foremen and supervisory em- ployees having authority to hire and discharge, to determine whether they desire to be represented by the I. B. E._ W. or the Mine Workers for the purposes of collective bargaining,,or by neither; (b) Machinists, apprentices, helpers, and handymen employed in the machine shop, including rustlers, but excluding foremen and supervisory employees having authority to hire and discharge, to determine whether they desire to be represented by the I. A. M. or the Mine Workers for the purposes of collective bargaining, or by neither ; (c) Pipe fitters and helpers, steam fitters and helpers, plumbers and helpers, including rustlers, but excluding foremen, supervisory employees having authority to hire and discharge, and leadburners and repairmen in the acid plant, to determine whether they desire to be represented by the Steam Fitters or the Mine Workers for the purposes of collective bargaining, or by neither; (d) Boilermakers, welders, and helpers employed in the boiler shop, including rustlers, but excluding foremen and supervisory em- ployees with authority to hire and discharge, to determine whether they desire to be represented by the Boiler Makers or the Mine Workers for the purposes of collective bargaining, or by neither; PHELPS DODGE CORPORATION 855 (e) All the remaining production and maintenance employees, including rustlers and contractors, but excluding supervisory, clerical, technical, and hospital employees, and watchmen, to determine whether they desire to be represented by the Mine Workers or the S. W. U. for the purposes of collective bargaining, or by neither. As stated above, there will be no final determination of the appro- priate unit or units pending the results of the elections. Such of the groups as do nbt choose the Mine Workers will constitute separate and distinct appropriate units, and such as do choose the Mine Workers will together constitute a single appropriate unit. VI. THE DETERMINATION OF REPRESENTATIVES The Mine Workers requested that the pay roll for April 22, 1941, be used to determine eligibility to vote. We do not believe, however, that the position taken by the Mine Workers should cause us to depart from our usual practice of using a current pay-roll date. The Mine Workers further requested that only those rustlers who are then working, have worked recently, or have a reasonable probability of' immediate and substantial employment,, should be eligible to vote. Since it appears that at the time of the hearing some of the rustlers listed on the pay roll of the Company had not worked for some time and possibly might never return to work, and since the Company has set no definite time limit as to when a rustler who has not received or reported for work will be dropped from the pay roll, we shall direct that the eligibility of rustlers to vote in the election shall be limited to those who have worked at any time during the, 60 days immediately preceding July 14, 1941, the date of the hearing herein. Accordingly, we shall direct that all employees of the Company eli- gible to vote in the elections shall be those within the alleged appro- priate units who were employed during the pay-roll period imme- diately preceding the date of the Direction of Elections, including rustlers who have worked at any time during the 60 days immediately preceding July 14, 1941, the date of the hearing herein, subject to such limitations and additions as are set forth in the Direction. 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 A question- affecting commerce has arisen concerning the represen- tation of employees of Phelps Dodge Corporation, Copper Queen Branch, Smelter Division, Douglas, Arizona, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Rela- tions Act. 856 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Rela- tions 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, Copper Queen Branch, Smelter Division, Douglas, Arizona, elections by secret ballot shall be con- ducted 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 those employees who fall within the groups indicated below who were employed by the Company at its Douglas plant during the pay-roll period immediately preceding the date of this Direction of Elec- tions, including rustlers who have worked at any time during the 60 days immediately preceding July 14, 1941, the date of the hearing herein, 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, and exclud- ing employees who have since quit or been discharged for cause : (a) Powerhouse operators, including second engineers, oilers and wipers, construction and maintenance electricians, helpers and as- sistants, excluding foremen and supervisory employees having authority to hire and discharge, to determine whether they desire to be represented by International Brotherhood of Electrical Work- ers, Local No. B-434, or by International Union of Mine, Mill and Smelter Workers, Local #470, for the purposes of • collective bar- gaining, or by neither; (b) Machinists, apprentices, helpers, and handymen, employed in the machine shop, excluding foremen and supervisory employees having authority to hire and discharge, to determine whether they desire to be represented by International Association of Machinists, Lodge No. 596, or by International Union of Mine, Mill and Smelter Workers, Local #470, for the purposes of collective bargaining, or by neither ; (c) Pipe fitters and helpers, steam fitters and helpers, plumbers and helpers, excluding foremen, supervisory employees having au- thority to hire and discharge, and leadburners and repairmen in the acid plant, to determine whether they desire to be represented PHELPS DODGE CORPORATION 857 by United Association of Journeymen Plumbers and Steam Fitters of the United States and Canada, Local 284, or by International Union of Mine, Mill and Smelter Workers, Local #470, for the purposes of collective bargaining, or by neither; (d) Boilermakers, welders, and helpers employed in the boiler shop, excluding foremen and supervisory employees with authority to hire and discharge, to determine whether they desire to be repre- sented by International Brotherhood of Boilermakers, Iron Ship Builders, Welders and Helpers of America, Local 362, or by inter- national Union of Mine, Mill and Smelter Workers, Local #470, for the purposes of collective bargaining, or by neither; (e) All the remaining production and maintenance employees, including contractors, but excluding supervisory, clerical, technical and hospital employees, and watchmen, to determine whether they desire to be represented by Smelter Workers Union No. 22663, or by International Union of Mine, Mill and Smelter Workers, Local #470, for the purposes of collective bargaining, or by neither. MR. EDWIN S. SMITH took no part in the consideration of the above Decision and Direction of Elections.