United States Smelting, Refining and Mining Co.

National Labor Relations Board - Board Decisions

Sep 21, 1940

27 N.L.R.B. 383 (N.L.R.B. 1940)

In the Matter Of' UNITED STATES SMELTING, REFINING AND MINING
COMPANY and FAIRBANKS MINE WORKERS' UNION, LOCAL No. 444,
CHARTERED BY INTERNATIONAL UNION OF MINE, MILL & SMELTER
WORKERS, AFFILIATED WITH C. I. O.
Case No. R-2001-Decided September 21, 1940
Jurisdiction : gold mining industry.
Investigation and Certification of Representatives
A question concerning representation has arisen where none of choices
on ballot in consent election received a majority.
Further election directed at request of two unions whose combined vote
in prior inconclusive consent election constituted a majority of ballots cast.
Unit Appropriate for Collective Bargaining : all employees, excluding office,
clerical, supervisory, professional, and technical personnel, employed by the
Company at its operations in the Fairbanks Recording Precinct, Territory of
Alaska.
Mr: Southall R. Pfund, of Fairbanks, Alaska, and Ropes, Gray,
Best, Coolidge cC Rugg, by Mr. Charles E. Wyzanski, Jr., Mr.
Archibald Cox, and Mr. Henry C. Moses, Jr., of Boston, Mass., for'
the Company.-
Mr. J. A. Latlianan, Jr. and Mr. W. A. Rasmussen, of Fairbanks,
Alaska, for Local 444. '
Mr. Howard F. Hemen, of Fairbanks, Alaska, for Local 22316.
Mr. John C. Smith, of Fairbanks, Alaska, for the Brotherhood.
Mr. Edward Scheunemann, of counsel to .the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On June 3, 1940, Fairbanks Mine Workers' Union, Local No. 444,
chartered by International Union of Mine, Mill & Smelter Workers,
affiliated with C. I. 0., herein called Local 444, filed with the Regional
Director for the Nineteenth Region (Seattle, Washington) a. peti-
tion alleging that a question affecting commerce had arisen concern-
ing the representation of, employees of the United States Smelting,
Refining, and Mining Company, Fairbanks, Alaska, herein called
27 N. L. It 13, No 83
383
384 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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.
On June 22, 1940, the National Labor Relations 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 investigation and
directed the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice.
On June 22, 1940, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, upon Local 444,
and upon Alaska Miners' and Allied Craftsmen's Federal Union
#22316, affiliated with the A. F. of L., herein called Local 22316,
and the Brotherhood of Alaska Miners, herein called the Brother-
hood, labor organizations claiming to represent employees directly
affected by the investigation.
On June 29, 1940, the parties entered into a Consent Election
Agreement providing for a consent election.
On July 3, 1940, pursuant to notice, a hearing was opened before
Patrick H. Walker, the Trial Examiner duly designated by the
Board. The Company, represented by counsel, and Local 444 and
Local 22316, by their officials, participated in the hearing. The Trial
Examiner recessed the hearing until July 5, 1940. On July 3, 1940,
the Regional Director issued and duly served upon the parties an
Order postponing the hearing until further notice.
From July 3 to July 13, 1940, an election was conducted under the
supervision of Patrick H. Walker as agent for the Regional Director
and pursuant to the terms of the Consent Election Agreement among
all the employees of the Company, excluding office, clerical, super-
visory, professional, and technical personnel to, determine whether
they desired to be represented by Local 444, Local 22316, the Brother-
hood, or by none for purposes of collective bargaining.. On July 15,
1940, Walker notified the parties that the election results were as
follows :
Total on eligibility list-------------------------------------- 808
Total ballots cast------------------------------------------- 720
Total votes in favor of Local 22316-------------------------- 29
Total votes in favor of Local 444----------------------------- 345
Total votes in favor of the Biotherhood--------------------- 11
Total votes in favor of none------ -------------------------- 333
Total blank ballots------------------------------------------ 0
Total void ballots ------------------------------------------- 2
Total challenged votes----------------------------- ------ 0
Total on eligibility list not voting---------------------------- 88
UNITED STATES SMEUTING, REFINIl' G AND AWING COMPANY 385
On August 3, 1940, the Regional Director issued and duly served
upon the parties an Order reopening the hearing. Pursuant to
notice, the hearing was resumed on August 8 and 13, 1940, before
Patrick H. Walker, the Trial Examiner previously designated by
the Board. The Company, represented by counsel, and Local 444,
Local 22316, and the Brotherhood, represented by their officials, par-
ticipated in the hearing, and were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues. During the course of the hearing the
Trial Examiner made a number of rulings on motions and on objec-
tions 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.
On August 15, 1940, the Company filed a request for oral argu-
ment and for permission to file a brief, and on August 19 and 22,
1940, the Board granted both requests. On September 2, 1940, the
Company filed a brief with the Board. Since the record shows that,
a large number of employees who are eligible to vote in an election
will soon leave Fairbanks due to the seasonal curtailment in the
Company's operations, we shall not postpone the election hereinafter
directed pending oral argument. We will, however, afford all parties
an opportunity to present oral argument prior to our final decision
to certify any of the labor organizations or to dismiss,.the petition.
Upon the entire record in the case, the Board• makes the following :
FINDINGS OF FACT'
1. THE BUSINESS OF THE COMPANY
United States Smelting, Refining, and Mining Company, a Maine
corporation, with its principal office in Boston, Massachusetts, is
engaged in the business of mining, milling, smelting, and refining
nonferrous metals. It maintains offices in Salt Lake' City, Utah,
Fairbanks, Alaska, and Nome, Alaska. This proceeding involves
only the Company's gold dredging operations at Fairbanks,
Alaska.
During'the years 1936 to 1939, inclusive, the Company purchased
tools, equipment, and supplies for use in its operations at Fairbanks
valued at approximately $900,000 and it received approximately 7a
per cent in value of such materials from outside the territory of
Alaska. During the same period the Company shipped gold valued
in excess of $1,000,000 to the United States Assay Office in Seattle,
Washington. The Company admits that it is engaged in commerce
within the meaning of the Act.
323428-42-vol 27-26
386 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATIONS INVOLVED
Fairbanks Mine Workers' Union, Local No. 444, chartered by
International Union of Mine, Mill, & Smelter Workers, affiliated
with the Congress of Industrial Organizations, Allied Craftsmen's
'Federal Union #22316, affiliated with the American Federation of
Labor, and the Brotherhood of Alaska Miners, unaffiliated, are labor
organizations admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
j
The 'parties agreed to the Consent Election Agreement in order
to determine the collective bargaining agency desired by the Com-
pany's employees. The results of the election are inconclusive since
none of the choices on the ballot received a majority of the valid
votes cast. From the number of ballots cast for each labor organi-
zation, however, it is apparent that a majority of those voting desire
collective bargaining.
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 Compay
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 parties stipulated at the hearing, and we find, 'that'all em-
ployees of the Company, excluding office, clerical, supervisory, pro-
fessional, and technical personnel, employed' by the Company at its
operations in the Fairbanks Recording Precinct, Territory of Alaska,
constitute a unit appropriate for the purposes of collective bar-
gaining, and we find further that said unit will insure to employees
of the Company the full benefit of their right to self-organization
and to collective bargaining and ivill otherwise effectuate the policies
of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
Local 444 and Local 22316 both contended at the hearing that
the Board should direct a further election, among the employees in,
UNI'T'ED STATES SMEIITING, REFINING AND MINING COMPANY 387
the unit found appropriate by the Board to determine whether they
-desire to be represented by Local 444, Local 22316, or the Brother-
hood.' The Brotherhood did not object to this contention. The
Company opposed the contention.
In view of the request of Local 444 and Local 22316, we shall
direct the holding of a further election in the form agreed upon 2
Eligibility to vote in such election shall be determined upon the
same basis that was used in the consent election.
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 Rela-
tions Act, 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' authorized by-the
Board to determine representatives for the purposes of collective
bargaining with United States Smelting, Refining, and Mining Com-
pany, Fairbanks, Alaska, . an election by secret ballot shall be con-
,ducted as early as possible, but not later than thirty (30) days from
the date of this Direction of Election, under the direction and super-
vision of John O'Connor, Commissioner of Conciliation, Department
'of Labor, acting in this matter as agent for the National Labor
Relations Board, and pursuant to Article III, Section 9, of said
Rules and Regulations, among all the employees of the Company
eemployed at its operations in the Fairbanks Recording Precinct,
Territory of Alaska, who were employed during the month of May
1940 and at the time of the consent election, including those who
,did not work at such times because they were ill or on vacation,
and those wlio were then or have since been temporarily laid off,
but excluding office, clerical, supervisory, professional, and-technical
personnel, and employees who have- since quit or been discharged for
cause, to determine whether they desire to be represented by Fair-
banks Mine Workers' Union, No. 444, chartered by International
Union of Mine, Mill, and Smelter Workers, affiliated with C. I. 0.,
l At the hearing Local 444 objected to the inclusion of the Brotherhood on the ballot
solely on the ground that the Brotherhood is not a labor organization We find the objection
-to be without merit Since it is clear from the entire record that Local 444 and Local
22316 desire that the "no union " choice only be dropped from the ballot , and that they
are agreeable to a ballot containing the names of all of the labor organizations , we shall
put the Brotherhood on the ballot However , we shall allow the Brotherhood to withdraw
from the election if it desires to do so , by notifying the Regional Director
2 Matter of Conawmers Power Company and Jut Brothel hood of Electrical Workers , Local
876, 27 N L R B 199
388 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
or by Alaska Miners ' and Allied Craftsmen 's Federal Union #22316,
affiliated with A. F. L., or by Brotherhood of Alaska Miners as their
exclusive representative for the purposes of collective bargaining.
MR. WILLIAM M. LEISERSON concurring.
In view of the agreement between the labor organizations here
involved whose combined vote in the consent election indicates that
a majority of the employees desire collective bargaining , I concur
in the Direction of Election above.