Pnelps Dodge Corporation, Copper Queen Branch, Smelter Division And International Brotherhood Of Electrical Workers, Local No. B-434, 657 (1941)

In the Matter of PnELPS 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, MIL. AND SMELTER WORKERS, LOCAL #470 In the Matter of PHELPS DODGE CORPORATION, CoPPm QUEEN BRANCH,

SMELTER DIVISION and UNITED ASSOCIATION OF JOURNEYMEN PLUMiBERS & STEAM FITTERS OF UNITED STATES AND CANADA, LOCAL 284 In the Matter of PnIELPS DODGE CORPORATION, COPPER QUEEN BRANCH,

SELTER DIVISION and INTERNATIONAL BROTHERHOOD OF BOILiRMAKERS, IRON SHIP BUILDERS. WELDERS AND HELPERS OF AMERICA,

LOCAL 362 Cases Nos. R-4732 to R-2736 inclusive SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES Octobe'r 31, 1941 On August 23, 1941, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections in the above-entitled proceeding.' In its Decision and Direction of Elections the Board provided that elections by secret ballot be conducted among (1) powerhouse operators, including second engineers, oilers and wipers, construction and maintenance electricians, helpers and assistants; (2) machinists, apprentices, helpers, and handymen, employed in the machine shop; (3) pipe fitters and helpers, steam fitters and helpers, plumbers and helpers; (4) boilermakers, welders, and helpers employed in the boiler shop; and (5) the remaining production and maintenance employees; with certain specified inclusions and exclusions. In the Decision and Direction of Elections the Board stated:

134 N. L. R, B., No. 103.

433118--42--vol. 36 or units pending the results of the elections. Such of the groups as do not choose the Mine Workers will constitute separate and distinct appropriate units, and such as do choose the Mine Workers will constitute a single appropriate unit.

Pursuant to the Direction of Elections, elections were conducted on September 11, 1941, under the direction and supervision of the Regional Director for the Twenty-second Region (Denver, Colorado).

On September 22, 1941, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, prepared and duly served on the parties an Election Report setting forth the following results of the aforesaid elections:

Powerhouse Operators and Electricians Total number eligible to vote--------------------------------_ 39 Total number of ballots cast_ ---------- - --------- 37 Total number of challenged ballots ------- __----------___ 1 Total number of blank ballots-------- -------------- 0 Total number of void ballots -------------------- - 0 Total number of votes for International Union of Mine, Mill and Smelter Workers, Local #470, affiliated with CIO ---------- 12 Total number of votes for International Brotherhood of Electrical Workers, Local No. B-434, affiliated with AFL --- 24 Total number of votes cast for neither labor organization------ 0 Machinists Total number eligible to vote ---------------- ----_ -- 13 Total number of ballots cast ------------------ ------ 12 Total number of challenged ballots ------------------------- 0 Total number of blank ballots---------- ----------- 0 Total number of void ballots---------- ------------ 0 Total number of votes for International Union of Mine, Mill and Smelter Workers, Local #470, affiliated with CIO_------ 2 Total number of votes for Association of Machinists, Lodge No.

596, affiliated with AFL _ _--------- __.---------- __ _-_ 10 Total number of votes cast for neither labor organization--- 0 Pipe fitters and plumbers Total number eligible to vote ---- ------------------- 13 Total number of ballots cast ----------- ------------- 11 Total number of challenged ballots--__------- ----------- 0 Total number of blank ballots------ - ---------------- 0 Total number of void ballots ------------------------------- 0 Total number of votes for International Union of Mine, Mill and Smelter Workers, Local #470, affiliated with CIO_-----_- 1 Total number of votes for United Association of Journeymen Plumbers and Steam Fitters of the United States and Canada,

Local 284, affiliated with AFL _ ___ __ __-----------------_ _ 10 Total number of votes cast for neither labor organization ---__ 0 Boilermakers Total number eligible to vote--------- ------------ 17 Total number of ballots cast -------------------------- -- 16 Total number of challenged ballots------------------------- 1 Total number of blank ballots------------------------ ------ 0 Total number of void ballots---------------------------- 0,

Total number of votes for International Union of Mine, Mill and Smelter Workers, Local #470, affiliated with CIO ------- 7 Total number of votes for International Brotherhood of Boilermakers, Iron Ship Builders, Welders and Helpers of America,

Local 362, affiliated with AFL ------------------------- 8 Total number of votes cast for neither labor organization--- 0 Remaining production and maintenance employees Total number eligible to vote ------------------------ ---- 692 Total number of ballots cast--.-------.. ------------- ----- 635 Total number of challenged ballots---------------------- 10 Total number of blank ballots_.---------------------- 1 Total number of void ballots-----------.-------------------- 0 Total number of votes for International Union of Mine, Mill and Smelter Workers, Local #470, affiliated with CIO ------ 512:

Total number of votes for Smelter Workers Union No. 22663, affiliated with AFL------------------------------------- 80 Total number of votes cast for neither labor organization ----- 32 The Regional Director reported that the challenged ballot cast in the election conducted among the boilermakers, welders and helpers, was cast by Apolonio Navarro, who was temporarily employed in the boiler shop on the pay-roll date used to determine eligibility to vote, but was transferred out of the boiler shop prior to the date of the election. The Regional Director recommended that the challenge, be sustained. On September 27, 1941, the International Union of Mine, Mill and Smelter Workers, Local #470, herein called the Mine Workers, filed objections to the Election Report, protesting the Regional Director's ruling with respect to Navarro's ballot. On October 22, 1941, the Regional Director issued a Report on Objections, affirming his prior recommendation, and further recommending that the objections of the Mine Workers be overruled. On October 30, 1941, the Mine Workers filed a brief in support of its objections.

A consideration of the Election Report, the Objections to the Election Report and the brief in support thereof, and the Report on Objections, reveals the following facts. Navarro was temporarily transferred to the boiler shop on February 17, 1941, because of the need for additional personnel in that department occasioned by new construction then in progress. Prior to such transfer, Navarro had been regularly assigned to the bull gang. On August 29, 1941, upon completion of the new construction work,'he was sent back to his regular employment on the bull gang. Since Navarro's employment in the boiler shop was temporary and since the Company states that no additions to the staff of that department are now contemplated, we find that the objections filed by the Mine Workers are without merit. The objections are hereby overruled and the Regional Director's ruling on the challenged ballot sustained.

Upon the basis of the entire record the Board makes the following:

SUPPLF.MENTAL FINmINGS or FACT 1. We find that the powerhouse operators, including second engineers, oilers and wipers, construction and maintenance electricians, helpers and assistants, including rustlers, but excluding foremen and supervisory employees having authority to hire and( discharge, constitute a unit appropriate 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 to collective bargaining, and otherwise effectuate the policies of the Act;

  1. We find that the machinists, apprentices, helpers, and handymen employed in the machine shop, including rustlers, but excluding foremen and supervisory employees having authority to hire and discharge, constitute a unit appropriate 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 to collective bargaining, and otherwise effectuate the policies of the Act;

  2. We find that the 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, constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to employees of the Company the full benefit of their right to selforganization and to collective bargaining, and otherwise effectuate the policies of the Act;

  3. We find that the boilermakers, welders, and helpers employed in the boiler shop, including rustlers, but excluding foremen and supervisory employees with authority to hire and discharge, constitute a unit appropriate 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 to collective bargaining, and otherwise effectuate the policies of the Act;

  4. We find that all the remaining production and maintenance employees, including rustlers and contractors, but excluding...

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