Consolidated Coppermines Corp.

National Labor Relations Board - Board Decisions

Apr 15, 1943

48 N.L.R.B. 1274 (N.L.R.B. 1943)

a
In the Matter Of CONSOLIDATED COPPERMINES CORPORATION and INTER-
NATIONAL UNION OF MINE, MILL AND SMELTER WORKERS, LOCAL
642, C. 1. O.
Case No. R-5012.=Decided April 15, 1943
Jurisdiction : metal mining industry.
Investigation and Certification of Representatives : existence of question: refusal
to accord union recognition until certified by the Board ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees at one of the company's mining plants, excluding hospital personnel,
deputized watchmen, the deputy sheriff, officer clerical employees, mine time-
keepers, telephone operators, janitors, technical employees, and supervisory
employees.
Practice and Procedure : labor organization permitted to intervene, when despite
its defective motion and Trial Examiner's denial thereof it was permitted to
participate in the hearing and to be heard upon all material issues affecting
its interest.
Mr. George B. Thatcher, of Reno, Nev., for the Company.
Mr. Glen A. Freeman and Mr. Claude A. Lovelett, of Ely, Nev.,
and Mr. Ralph H. Rasmussen, of Salt Lake City, Utah, ,for the
C. I. O.
Mr. John W. Bonner and Mr. John F. Beynon, of Ely, Nev., for
the A. F. of L.
Mr. William C. Baisinger, Jr., of counsel to the Board.'
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
'Upon petition duly filed by International Union of Mine, Mill and
Smelter Workers, Local 642, C. I. 0., herein called the C. I. 0.,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Consolidated Coppermines Corpora-
tion, Kimberly, Nevada, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon
due notice before William B. Esterman, Trial Examiner. Said hear-
ing was held at Ely, Nevada, on March 16, 1943. The Company and
the, C. I. O. appeared, participated, and were affoi ded full_ oppor-
48 N. L. R. B., No. 158.
1274
CONSOLIDATED COPPERMINES CORPORATION 1275
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. The Metal - Trades De-
partment, A. F. of L., herein called the A. F. of L., orally moved the
Trial Examiner for leave to intervene. The Trial Examiner denied
said motion because it was not in writing. The A. F. of L. offered
evidence as to its representation of employees in the appropriate unit
which was rejected by the Trial Examiner. This evidence is before
us, however, in the form of an offer of proof and certain exhibits. At
the hearing, the A. F. of L. was permitted by the Trial Examiner to
state its position with respect to the appropriate unit and it has
filed a brief which the Board has considered. Thus, it appears that
,the A. F. of L. was actually permitted to participate in the hearing
and to be heard upon all material issues affecting its interest, despite
the Trial Examiner's denial of its motion to intervene. Although
the A. F. of L.'s motion to intervene was defective under Article III,
Section 5, of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, we hereby reverse the Trial Examiner's
ruling under the circumstances, and grant said motion. We also
hereby accept the A. F. of L.'s offer of proof and admit into evidence
the exhibits offered by it as proof- of its representation of employees
affected by the proceeding. All other rulings made. by the Trial
Examiner ,at the hearing are free from prejudicial error and are
hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Consolidated Coppermines Corporation is a Delaware corporation
which owns a large number of mining claims in White Pine County,
Nevada, and operates a fully equipped mining plant at Kimberly,
Nevada. The Kimberly operation of the Company is the only plant
involved in this proceeding. At this plant the Company is engaged in
mining ore which contains copper, gold, and silver. During the calen-
dar year 1942, the Company mined over 3,000,000 tons of ore, all of
which was shipped to the Kennecott Copper Corporation at McGill,
Nevada, for concentration and smelting. Kennecott Copper Corpora-
tion paid for this ore by delivering blister copper to the Company and
by paying over $1,000,000 in cash for recovered gold and silver. The
blister copper thus received by the Company was shipped by it to a
refinery located at Carteret, New Jersey, where it was refined and
returned to the Company. The Company sold this refined copper to
purchasers outside the State of Nevada. During the same period, the
Company purchased and used raw materials and supplies consisting of
1276 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
mine timber, lumber, steel, drill parts, electrical supplies, explosives,
machinery, pipe fittings, valves, and rails, valued in excess of $500,000.
These raw materials were shipped to the Company from points outside
the State of Nevada. The Company admits that it is engaged in com-
merce within the meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
International Union of Mine, Mill and Smelter Workers, Local 642,
is a labor organization affiliated with the Congress of Industrial Or-
gan_zations , admitting to membership employees of the Company.
Metal Trades Department is comprised of various labor organiza-
tions affiliated with the American Federation of Labor, admitting to
membership employees of the Company. -
III. THE QUESTION CONCERNING REPRESENTATION
On or about February 13,1943, the C. 1. 0. notified the Company that
it represented a majority of the employees in an appropriate bargain-
ing unit. The Company refused to recognize the C. I. O. as the exclu-
sive bargaining representative unless and until it is certified by the
Board.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the C. I. O. represents a substantial
number of employees in the unit hereinafter-found appropriate.' The
A. F. of L., as above stated, has submitted certain evidence indicating
that it also represents employees in the appropriate unit .2
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT ,
The C. I. O. and the' A. F., of L. contend that the appropriate
unit should be comprised of all production and maintenance em-
ployees employed at the Kimberly, Nevada, plant of the Company,
I The report of the Field Examiner states that the C . I. O. submitted 591 application-for-
membership cards bearing apparently genuine signatures ; that 481 of these cards bear dates
between January and March 1943, and the remaining 110 are not dated ; and that because
the Company refused to submit a pay roll , it was impossible to compare the names appear-
ing on the application -for-membership cards with the names of the persons employed by
the Company.
From a list introduced in evidence at the hearing containing the pay-roll classifications
and the number of employees in each classification working as of March 12, 13, 14, and 15,
1943, it appears that there are approximately 855 employees in the unit hereinafter found
appropriate.
The evidence submitted by the A. F. of L in support of its representation claim com-
prises membership lists of the various A . F. of L . locals and indicates that the A . F. of L.
represents about 22 employees in the unit hereinafter found appropriate.
CONSOLIDATED COPPERMINES CORPORATION 1277
excluding clerical, technical, and supervisory employees. , The Com-
pany contends that all of its non-supervisory personnel at the Kim-
berly, Nevada, plant constitute an appropriate bargaining unit.
The record contains a list of employee classifications carried on
the Company's pay roll. The categories sought to be excluded by
the unions are listed as office clerical, hospital 'personnel, deputized
watchmen, engineering, geological and assay employees, mine time-
keepers, medical technician, telephone operators, janitors; deputy
sheriff, and supervisory employees. All parties agree • to exclude
engineering, geological and assaying employees as technical person-
nel. All parties would also exclude the deputy sheriff and all
supervisory employees.
The disputed categories
1. Hospital personnel: The Company maintains a hospital in con-
nection with its Kimberly plant. The hospital staff is comprised of
a surgical nurse, seven other nurses, a janitor, a cook, a clerk, a
laundress, a kitchen maid, a laundry helper, a tray maid, and a tech-
nician. The unions would exclude these employees while the Com-
pany would include them in the unit. Since the hospital personnel
are housed in a separate building and have no direct relation to
production, we shall exclude them from the unit.
2. Deputized watchmen: The Company employs approximately nine
watchmen, the majority of whom are deputized guards. The unions
desire to exclude all deputized watchmen from the^unit; the Company
would include all watchmen. Since it appears that the deputized
watchmen are charged with the primary duty of guarding the Com-
pany's property, we shall exclude them from the unit in accordance
with our usual policy of excluding such personnel from units of produc-
tion and maintenance employees. '
The Company also employs a deputy sheriff. He is an armed
officer of the law whom all parties agree to exclude from the unit.-
We shall exclude him.
3. 0 flee clerical: This group of employees includes timekeepers
(other than mine timekeepers), main office clerks, insurance clerks,
warehousemen, assistant warehousemen, paymaster, and the secretary
to the general manager. The unions would exclude these employees
from the unit. The record is not clear as to the Company's position
with respect to this group. Since it appears that their duties are
essentially clerical in nature and not directly related to production,
we shall exclude the office clerical employees from the appropriate
unit.
4. Mine timekeepers: These employees check the mine production
-Workers' time, prepare time card4 and keep records required by the
1278 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
mine office . The unions desire their exclusion while the Company
would include them in the unit. Since their duties are also , clerical,
in nature , we shall exclude the mine timekeepers from the unit.
5. Telephone operators : The Company employs four telephone
operators . These employees operate the Company 's local switch-
boards. Since their function is unrelated to production , we shall
exclude the telephone operators from the unit.
. '6. Janitors : There are two janitors listed on the Company's pay
roll. One is the janitor in the Company 's main office ' and the other
works in the staff house. The Company would include these janitors
in , the appropriate unit while the unions desire to have them ,ex-
eluded. Since one janitor works in the main office and the other
works in the staff house of the Company and their work is not related
to production , we shall exclude them from the unit.
We find that all production and maintenance employees employed
by the Company at its Kimberly , Nevada, plant , excluding hospital
personnel , deputized watchmen , the deputy sheriff , office clerical em-
ployees, mine timekeepers , telephone operators , janitors, technical
employees , and supervisory employees constitute a unit appropriate
for the purposes of collective bargaining within the meaning of Section
9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Election,
herein, subject to the limitations and additions set forth in the Direc-
tion., We shall afford the A. F. of L. a place on the ballot.
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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, as amended; it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Consolidated
Coppermines Corporation , Kimberly , Nevada, an election by secret
ballot shall be conducted as early as possible, but not later than thirty
(30) days from the date of this Direction , under the direction and
,upervision of the Regional Director for the Twentieth Region, acting
in this matter as agent for the National Labor Relations Board, and
subject to Article III, Section 10, of said Rules and Regulations, among
CONSOLIDATED COPPERMINES CORPORATION 1279
the employees in the unit found appropriate in Section IV, above, who
were employed during the pay-roll period immediately preceding the
date of this Direction, including employees who did not work during
said pay-roll period because they were ill or on vacation or temporarily
laid' off, and including employees in the armed forces of,the United
States who present themselves in person at the polls, but excluding
employees who have since quit or been discharged for cause, to deter-
mine whether they desire to be represented by International Union of
Mine, Mill and Smelter Workers, Local 642, affiliated with the Congress
of Industrial Organizations, or by Metal Trades Department, affiliated
with the American Federation of Labor, for the purposes of collective
bargaining, or by neither. -