Phelps Dodge Corporation, Copper Queen Branch, Mines Division And International Union Of Mine, Mill & Smelter Workers, For Itself And On Behalf Of Its Local Union No. 551, 1293 (1944)

In the Matter of PHELPS DODGE CORPORATION, COPPER QUEEN BRANCH,

MINES DIVISION and INTERNATIONAL UNION OF MINE, MILL &

SMELTER WORKERS, FOR ITSELF AND ON BEHALF OF ITS LOCAL UNION No. 551 Case No. 21-R-2173.-Decided February 12, 194.

Mr. F. J. Ryley, of Phoenix, Ariz., Mr. C. R. Kuzell, of Clarkdale,

Ariz., and Mr. H. C. Henrie, of Bisbee, Ariz., for the Company.

Mr. Orville Larson, of Miami, Ariz., Mr. Charles Maddern, of Bisbee, Ariz., and Mr. Houston Splawn, of Douglas, Ariz., for the CIO.

Mr. Paul M. Peterson, of Bisbee, Ariz., for the AFL.

Messrs. Nicholas Fontecchio and A. B. Sparks, both of Bisbee, Ariz., for the UMW.

Mr. Glenn L. Moller, of counsel to the Board.

DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by International Union of Mine, Mill &

Smelter Workers, for Itself And On Behalf Of Its Local Union No.

551, herein called the CIO, alleging that a question affecting commerce had arisen concerning the representation of employees of Phelps Dodge Corporation, Copper Queen Branch, Mines Division, Bisbee,

Arizona, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Charles M. Ryan, Trial Examiner. Said hearing was held at Bisbee,

Arizona, on December 4, 1943. The Company, the CIO, Bisbee Miners' Union, Local No. 22792, affiliated with the American Federation of Labor, herein called the AFL, and United Mines Workers of America, herein called the UMW, appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The rulings of the Trial Examiner made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. During the hearing, the AFL moved to dismiss the petition, which motion was reserved by the Trial Examiner 1293 for ruling by the Board. For the reasons hereinafter appearing, said motion is denied.

Upon the entire record in the case, the Board makes the following:

FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Phelps Dodge Corporation is a New York corporation, engaged in the mining, refining, and sale of copper. It owns numerous subsidiary mining, copper refining, public utility, mercantile, railroad, and other companies in Mexico and in the States of New York, New Jersey, Indiana, California, New Mexico, Texas, and Arizona. The only operation of the Company here involved is the Company's mining operations located at Bisbee, Arizona, and designated as the Copper Queen Branch, Mines Division, where the Company is engaged in the mining of copper and other metal-bearing ores. During the 12-month period ending December 1, 1943, the Company produced at its Copper Queen Branch, Mines Division, in excess of 1 million tons of ore, all of which was shipped to the smelters of the Company at Douglas and Clarkdale, Arizona, and from these smelters was shipped to points outside the State of Arizona. The Company employs in excess of 1,800 employees at its Copper Queen Branch, Mines Division.

The Company admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act.

2. THE ORGANIZATIONS INVOLVED International Union of Mine, Mill & Smelter Workers, and its Local Union 551, affiliated with the Congress of Industrial Organizations, are labor organizations admitting to membership employees of the Company.

   Bisbee Miners Union, Local No. 22792, affiliated with the American Federation of Labor, is a labor organization admitting to membership employees of the Company.

   United Mine Workers of America is an unaffiliated labor organization, admitting to membership employees of the Company.

   IIL. THE QUESTION CONCERNING REPRESENTATION On or about October 14, 1943, the CIO advised the Company that it had been designated by a majority of the Company's employees in an appropriate unit and requested recognition as the exclusive bargaining representative thereof. The following day the Company, through its attorney, advised the CIO that the Company would not grant recognition to the petitioner.

   1295 The Company and the AFL contend that certain contracts to which they are parties bar the instant proceeding. The AFL's motion to dismiss is predicated upon this conitenition. The first of these contracts, by its terms, became effective as of November i1, 1942, and was to continue in full force and effect for a period of 1 year and thereafter for additional 1-year periods, unless either party notified the other, in writing, at least 30 days prior to the expiration date, of intention to modify or terminate the agreement, in which event said contract was to remain in effect until modified by mutual agreement.

   On September...