79 Lead Copper Co.

National Labor Relations Board - Board Decisions

Mar 10, 1943

47 N.L.R.B. 1476 (N.L.R.B. 1943)

In the Matter of 79 LEAD COPPER COMPANY and AMERICAN FEDERATION
OF LABOR
Case No. B-4905.-Decided March 10, 1943
Jurisdiction : mining industry.
Investigation and Certification of Representatives : existence of question : re-
fusal of recognition without prior certification of the Board ; election necessary.
Unit Appropriate for Collective Bargaining : all surface and underground emT
ployees at company's mine, excluding officials and the superintendent ; agree-
ment as to.
Sutter c Gentry, by Mr. Anthony T. Deddens, of Bisbee, Ariz., for
the Company.
Mr. 0. A. Dever, of Bisbee, Ariz., for the Union..
Mr. Wallace E. Royster, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by American Federation of Labor, herein
called the Union, alleging that a question affecting commerce had
arisen concerning the representation of employees of 79 Lead Copper
Company, Hayden, Arizona, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before Elmer L. Hunt, Trial Examiner. Said hearing was held
at Hayden, Arizona, on February 18, 1943. The Company and the
Union 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 Trial Examiner's rulings made 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
79 Lead Copper Company, a Delaware corporation, operates' amine
near,Hayden, Arizona, where it is engaged in the mining of lead, cop-
47 N. L R. B No. 190
1476
i
79 LEAD COPPER COMPANY 1477
per, and zinc ores. Approximately 30 percent of the supplies it pur-
chases are received at the mine from points outside Arizona. The
mine produces monthly about 350 tons of ore which is trucked to a
loading point, Burns Siding, about 4 miles from the mine. There it is
loaded on the cars of'Southern Pacific Railroad, an interstate carrier,
and, shipped to Shattuck Denn Mining Corporation in Bisbee,
Arizona.
Shattuck Denn Mining Corporation, Bisbee, Arizona, herein called
Shattuck Denn, is engaged in the milling and concentrating of ores.
It owns 51 percent of the stock of the Company and purchases the en-
tire output of the Company's mine. When the ore is received by
Shattuck Denn in Bisbee it is subjected to a process of milling and
concentrating. The resulting concentrate is shipped by Shattuck
Denn to points outside Arizona.
The Company does not contest the jurisdiction of the Board.
H. THE ORGANIZATION INVOLVED
The American Federation of Labor is a labor organization ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On February 3, ,1943, the Union notified the Company that the
Union represented a majority of the Company's employees at the
Hayden mine and requested recognition as the bargaining representa-
tive. The Company refused to grant such recognition unless and
until the Union is certified by the Board.
A statement of the Regional Director introduced into evidence
indicates that the 'Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate.'
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 parties are agreed, and we find, that all surface and under-
ground employees 2 of the Company at its mine near Hayden, Ari-
' The Regional Director stated that the Union submitted 10 autnorization -application
cards and 1 application card ; all bearing apparently genuine original signatures , and dated
in October and November 1942 , and January 1943. Ten of the 11 cards bore the naines
of,persons whose names appear on the Company 's pay roll of Pebruaiy 6, 1943 , which con-
tained the names of 17 employees in the appropriate unit.
2 These include compressorman , hoistman , winze hoistman , pumpman , ti ammers , utility-
men, and miners.
1478„ DECISIONS OF NATIONAL LABOR RELATIONS BOARD
zona, excluding officials of the Company 3 and the superintendent,
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 Elec-
tion herein, subject to the additions and limitations set forth in the
Direction.
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 9, of-National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
i hereby - %
DIRECTED that, as a part of the investigation to ascertain repre-
sentatives for the purposes of collective bargaining with 79 Lead
Copper Company, Hayden, Arizona, 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 supervision
of the Regional Director for the Twenty-second Region, acting in
this matter as agent for the National Labor Relations Board, and sub-
ject to Article III, Section 10, of said Rules and Regulations, among
the employees of the Company 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 per-
son at the polls, but excluding any who have since quit or been dis-
charged for cause, to determine whether or not they desire to be
represented by American Federation of Labor for the purposes of
collective bargaining.
This exclusion encompasses the President , Vice-president, Secretary -treasurer, and
Assistant Secretary -treasurer . The Union requested in its petition that all supervisory
employees , clerical employees , technical employees , and deputized watchmen should also be
excluded. Although the record does not disclose employment of any persons in these
categories other - than those already excluded , we shall exclude them from the unit if any
such shall be employed. • -