American Smelting and Refining Co.

National Labor Relations Board - Board Decisions

Mar 6, 1943

47 N.L.R.B. 1423 (N.L.R.B. 1943)

III the Matter of AMERICAN SMELTING AND REFINING COMPANY and
AMERICAN FEDERATION OF LABOR
Case No. R-4898.-Decided March 6, 1943
Jurisdiction : mining ' and smelting industry.
Investigation and Certification of Representatives : existence of question: rec-
ognition refused; election necessary.
Unit ,>Appropriate for Collective Bargaining : all production and maintenance
employees at one , smelter, with specified exclusions ; agreement as to.
Fennemore, Craig, Allen cL Bledsoe, by Mr. Richard Fennemore,
of Phoenix, Ariz., Mr. H. O. Woods, of Hayden, Ariz., and Mr. R. D.
Bradford, of El Paso, Tex., for the Company.
Mr. Paul M. Peterson and Mr. E. C. De Baca, of Miami, Ariz.,
Mr. 0. A. Dever, of Bisbee, Ariz., and Mr. Frank Accede, of Hayden,
Ariz., for the Union.
Mr. Joseph E. Gubbi is, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION -
STATEMENT OF THE CASE
Upon, petition duly filed by the American Federation of Labor,
herein called the Union, alleging that a question affecting commerce,
bad arisen concerning the representation of employees of the Amer-
bcaal Smelting and Refining ,Company, Hayden, Arizona, herein
called the Company,' the National Labor Relations Board provided
for an, appropriate hearing upoli due notice before Elmer L. Hunt,
Trial E aaminer. Said hearing was held at Hayden, Arizona, on
February 16, 1943. The Company and, the Union appeared, partici-
pated, and were afforded full opportunity-"to be heard, to examine
and cross-examine witnesses, and to' introduce evidence bearing upon
the issues. The Trial Examiner's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
' The name of the Union was erroneously designated as Mill and Smelter Workers Union
No. 23280, A. F. of L. and the name of the Company was erroneously designated as
American Smelting & Refining Co ., in the petition and some of the formal papers, all of
which were corrected by amendment at the hearing
47 N. L It B, No 180.
1423
J
1424 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
American Smelting and Refining Company is a New Jersey cor-
poration having its principal place of business at New York City.
The Company is engaged in mining, concentrating, smelting, refining,
selling, and distributing various ores and metals. It has mines,
smelters, refineries, and plants in various States, including a smelter
at Hayden, Arizona, which is the only one involved in this case. Dur-
ing the year 1942 the Hayden smelter refined approximately 75,000,000
pounds of copper and $400,000 worth of gold and silver, all of which
was shipped to points in New Jersey and Maryland. The Company
concedes that it is engaged in commerce within the meaning of the
National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
The American Federation of Labor is a labor organization admit-
ting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Union requested recognition as the bargaining representative
for the Company's employees, which request was refused. The Com-
pany also refused to agree to a consent election, and the Union there-
upon filed its petition in this proceeding.
A statement by the Regional Director, introduced into evidence at
the hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found to be appropriate.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
In\accordance with the^agreement of the parties, we find that all
production and maintenance employees of the Company at its Hayden,'
Arizona, smelter, excluding supervisors, clerical and technical em-
ployees, and deputized watchmen, constitute a unit appropriate for
2 The Union submitted 100 authorization cards , of which 93 bore apparently genuine
signatures and are the names of persons whose names are on the Company's pay roll
as of January 1 to 16, 1943 All of the cards were dated between October 18, 1942, and
- January 6 , 1943. These are approximatel% 217 employees in the appiopiiate unit.
AMERICAN SMELTING AND REFINING COMPANY 1425
the purposes of collective bargaining, within the meaning of Section
9 (b) of the Act.3
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 ill 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
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 Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions 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 American Smelt-
ing and Refining 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 subject to Article III, Section 10, of said Rules and Regulations,
among 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 determine whether or not they desire to be represented by
the American Federation of Labor for the purposes of collective
bargaining. _
$ The parties stipulated upon the record as to the specific classifications that were
deemed included and excluded by the foregoing description , and our finding of the appropri•
ate unit is in conformity with the stipulation.
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