Phelps Dodge Corp.

National Labor Relations Board - Board Decisions

Jun 11, 1938

7 N.L.R.B. 862 (N.L.R.B. 1938)

In the Matter of PHELPS DODGE CORPORATION UNITED VERDE BRANCH
and INTERNATIONAL ASSOCIATION OF -MACI-IINISTS, LOCAL No. 223;
INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIP BUILD-
ERS AND HELPERS, LOCAL No. 406; INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAL No. B 657; and INTERNATIONAL
BROTHERHOOD OF CARPENTERS AND JOINERS, LOCAL No. 1061
Cases Nos. R-558 to R-561, inclusive
CERTIFICATION OF REPRESENTATIVES
June 11, 1938
On April 15, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in
the above-entitled case.' The Direction of Elections directed that
elections by secret ballot be conducted within thirty (30) days from
the date of the Direction among
a. All persons employed by Phelps Dodge Corporation, herein
called the Company, at its United Verde Branch, Jerome and Clark-
dale, Arizona, as machinists, jigger boss machinists, machinist ap-
apprentices, machinist helpers, toolmakers, special machinists, drill
press operators, mill machinists, inine machinists and smelter ma-
chinists, whose names appeared on the pay rolls for the Mine Divi-
sion and the Smelter Division dated January 8, 1938, including those
whose names appeared on Appendix A, attached to the Direction of
Elections, but excluding those employees who had since quit or been
discharged for cause, to determine whether or not they desired to be
represented by international Association of Machinists; Local No. 223,
affiliated with the American Federation of Labor, for the purposes
of collective bargaining;
b. All persons employed by the Company at its United Verde
Branch, Jerome and Clarkdale, Arizona, as boilermakers, boilermaker
helpers, boilermaker apprentices, special boilermakers, boilermaker
jigger bosses, welders, boiler shop punchmen, mill boilermakers and
boiler shop layer-out, whose names appeared on the pay rolls for the
Mine Division and the Smelter Division dated January 8, 1938, includ-
ing those whose names appeared on Appendix B, attached to the
1 6 N. L R B 624.
862
DECISIONS AND ORDERS 863
Direction of Elections, but excluding those employees who had since
quit or been discharged for cause, to determine whether or not they
desired to be represented by International Brotherhood of Boiler-
makers, Iron Ship Builders, Welders and Helpers of America, Local
No. 406, affiliated with the American Federation of Labor, for the
purposes of collective bargaining ;
c. All persons employed by the Company at its United Verde
Branch, Jerome and Clarkdale, Arizona, as electricians, electrician
helpers, electrician apprentices, armature winders, electrician jigger
bosses, metermen and meterman apprentices, whose names appealed
on the pay rolls for the Mine Division and the Smelter Division
dated January 8, 1938, including those whose names appeared on
Appendix C, attached to the Direction of Elections, but excluding all
persons employed as radio men, refrigerator men, switchboard oper-
ators, crane men, and generator attendants, and those employees who
had since quit or been discharged for cause, to determine whether
or not they desired to be represented by International Brotherhood
of Electrical Workers, Local No. B-657, affiliated with the American
Federation of Labor, for the purposes of collective bargaining; and
d. All persons employed by the Company at its United Verde
Branch, Jerome and Clarkdale, Arizona, as carpenters and carpenter
apprentices, whose names appeared on the pay rolls for the Mine
Division and the Smelter Division dated January 8, 1938, including
those whose names appeared on Appendix D, attached to the Direc-
tion of Elections, but excluding carpenter helpers and those employees
who had since quit or been discharged for cause, to determine whether
or not they desired to be represented by United Brotherhood of Car-
penters and Joiners of America, Local No. 1061, affiliated with the
American Federation of Labor, for the purposes of collective
bargaining.
Pursuant to the Decision and Direction of Elections, elections by
secret ballot were conducted on May 13 and 14, 1938, under the
direction and supervision of Towne Nylander, the Regional Direc-
tor for the Twenty-first Region (Los Angeles, California), among
the eligible employees of the Company. Full opportunity was
accorded to all the parties to this investigation to participate in
the conduct of the secret ballots and to make challenges. On May
16, 1938, the said Regional Director, acting pursuant to Article III,
Section 9, of National Labor Relations Board Rules and Regula-
tions-Series 1, as amended, issued and duly served upon the par-
ties an Intermediate Report upon the elections. No objections or
exceptions to the Intermediate Report have been filed by any of
the parties.
As to the balloting and its results, the Regional Director reported
as follows :
864 NATIONAL LABOR RELATIONS BOARD
a. Machinist Division
Total number eligible______________________________________ 50,
Total number of ballots counted___________________________ 49
Total number of votes for International Association of Ma-
chinists, Local No. 223 (A F. of L ------------------ 44
Total number of votes against International Association of
Machinists, Local No 223 (A. F. of L )--------------------- 5
Total number of blank ballots______________________________ 0
Total number of void ballots________________________________ 0
Total number of challenged votes___________________________ 0
b. Boilermaker Division
Total number eligible_______________________________________ 3g
Total number of ballots counted_____________________________ 34
Total number of votes for International Brotherhood of Boil-
ermakers, Iron Ship Builders, Welders and Helpers of
America, Local No. 406' (A. F. of L ) --------------------- 33
Total number of votes against International Brotherhood of
Boilermakers, Iron Ship Builders, Welders and Helpers of
America, Local No. 406' (A. F. of L.) -------------------- 1
Total number of blank ballots_______________________________ 0
Total number of void ballots________________________________ 1
Total number of challenged votes____________________________ 0
c. Electrician Division
Total number eligible_______________________________________ 31
Total number of ballots counted_____________________________ 31
Total number of votes for International Brotherhood of Elec-
trical Workers, Local No B 657 (A. F. of L ) -------------- 26
Total number of votes against International Brotherhood of
Electrical Workers, Local No. B 657 (A. F. of L.)__________
Total number of blank ballots_______________________________
Total number of void ballots________________________________
Total number of challenged votes___________________________
d. Carpenter Division
5
0
0
Total number eligible_______________________________________ 11
Total number of ballots counted____________________________ 11
Total number of votes for United Brotherhood of Carpenters
and Joiners of America, Local No. 10613 (A F of L.) ------ 10
Total number of votes against United Brotherhood of Car-
penters and Joiners of America, Local No. 10613 (A. F.
of L.) --------------------------------------------------- 1
Total number of blank ballots_______________________________ 0
Total number of void ballots_______________________________ 0
Total number of challenged votes___________________________ 0
2 This is the correct name, used in the Direction of Elections . The name appearing in
the Regional Director 's report is "Intl. Bro. of Boilermakers , Iron Ship Bldrs. & Ilelprs.,
Local No. 406 (A. F. of L )."
3 This is the correct name, used in the Direction of Elections The name appearing in
the Regional Director' s report is " Intl. Bro. of Carpenters & Joiners, Local No 1061
(A. F. of L.)."
DECISIONS AND ORDERS 865
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, 49 Stat. 449, and pursuant to Article III, Sections 8
and 9, of National Labor Relations Board Rules and Regulations-
Series 1, as amended,
IT IS HEREBY CERTIFIED that International Association of Ma=
chinists, Local No. 223, affiliated with the American Federation of
Labor, has been designated and selected by a majority of the persons
employed by Phelps Dodge Corporation at its United Verde Branch,
Jerome and Clarkdale, Arizona, as machinists, jigger boss ma-
chinists, machinist apprentices, machinist helpers, toolmakers, special
machinists, drill press operators, mill machinists, mine machinists
and smelter machinists, as their representative for the purposes of
collective bargaining, and that, pursuant to Section 9 (a) of the
Act, International Association of Machinists, Local No. 223, affiliated
with the American Federation of Labor, is the exclusive representa-
tive of all such employees for the purposes of collective bargaining
in respect to rates of pay, wages, hours of employment, and other
conditions of employment; and
IT IS HEREBY CERTIFIED that International Brotherhood of Boiler-
makers, Iron Ship Builders, Welders and Helpers of America, Local
No. 406,4 affiliated with the American Federation of Labor, has been
designated and selected by a majority of the persons employed by
Phelps Dodge Corporation at its United Verde Branch, Jerome and
Clarkdale, Arizona, as boilermakers, boilermaker helpers, boiler-
maker apprentices, special boilermakers, boilermaker jigger bosses,
welders, boiler shop punchmen, mill boilermakers and boiler shop
layer-out, as their representative for the purposes of collective bar-
gaining, and that, pursuant to Section 9 (a) of the Act, International
Brotherhood of Boilermakers, Iron Ship Builders, Welders and
Helpers of America, Local No. 406, affiliated with the American
Federation of Labor, is the exclusive representative of all such em-
ployees for the purposes of collective bargaining in respect to rates
of pay, wages, hours of employment, and other conditions of em-
ployment; and
IT IS HEREBY CERTIFIED that International Brotherhood of Electri-
cal Workers, Local No. B 657, affiliated with the American Federa-
tion of Labor, has been designated and selected by a majority of the
persons employed by Phelps Dodge Corporation at its United Verde
Branch, Jerome and Clarkdale, Arizona, as electricians, electrician
helpers, electrician apprentices, armature winders, electrician jigger
bosses, meterrmen and meterman apprentices, excluding radio men,
4 See footnote 2 The name appearing on the ballot was "International Brotherhood of
Boilermakers , Iron Ship Builders and Helpers , Local No 406, A, F of L."
866 NATIONAL LABOR RELATIONS BOARD
refrigerator men, switchboard operators, crane men, and generator
.attendants, as their representative for the purposes of collective bar-
gaining, and that, pursuant to the provisions of Section 9 (a) of the
Act, International, Brotherhood of Electrical, Workers,, Local No.
B 657, is the exclusive representative of all such employees for the
purposes of collective bargaining in respect to rates of pay, wages,
hours of employment, and other conditions of employment; and
IT IS HEREBY CERTIFIED that United Brotherhood of Carpenters and
Joiners of America, Local No. 1061,5 affiliated with the American
Federation of Labor, has been designated and selected by a majority
of the persons employed by Phelps Dodge Corporation at its United
Verde Branch, Jerome and Clarkdale, Arizona, as carpenters and
carpenter apprentices, excluding carpenter helpers, as their repre-
sentative for the purposes of collective bargaining, and that, pursuant
to the provisions of Section 9 (a) of the Act, United Brotherhood
of Carpenters and Joiners of America, Local No. 1061, affiliated with
the American Federation of Labor, is the exclusive representative of
all such employees for the purposes of collective bargaining in re-
spect to rates of pay, wages, hours of employment, and other con-
ditions of employment.
5 See footnote 3. The name appearing on the ballot was "International Brotherhood of
Carpenters and Joiners , Local No 1061 , A. F. of L "