98 N.L.R.B. 1047 (N.L.R.B. 1952)

Phelps Dodge Corp.

National Labor Relations Board - Board DecisionsApr 3, 1952

98 N.L.R.B. 1047 (N.L.R.B. 1952)

PHELPS DODGE CORPORATION 1047 respect to such charges, we see no reason to delay this proceeding and shall in accordance .with our usual practice direct an immediate election. A question was raised concernig the eligibility of certain alleged temporary employees to vote. However, the Emplyoer was unable to identify such employees or to supply any information in this regard. As we do not have sufficient evidence upon which to base a deter- mination, we believe this question of eligibility, if it exists, can best be resolved by challenge at the election. [Text of Direction of Elections omitted from publication in this volume.] PHELPS DODGE CORPORATION ( COPPER QUEEN BRANCH )1 and INTER- NATIONAL BROTHERHOOD OF ELECTRICAL WORKERS , LOCAL UNION 487, AFL, PETITIONER. Case No. 21-RC-2163. April 3,1952 Decision and Order Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Ben Grodsky, hearing officer. The hearing officer's rulings made at the hearing are free from y rejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its power in connection with this case to a three-member panel [Members Houston, Murdock, and Styles]. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organizations involved claim to represent employees of the Employer.2 3. No question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act, for the following reasons: In 1942 the Board upon petitions filed by the Petitioner herein, the Engineers, seven other AFL craft unions, and International Union of Mine, Mill and Smelter Workers, CIO, found appropriate at this plant of the Employer eight craft units and a residual unit sought ' The name of the Employer is amended to show the name of the branch involved. 'At the hearing International Union of Operating Engineers , Local No. 428, herein called the Engineers , and Bisbee Metal Trades Council , herein called the Council, re- quested and received permission to intervene on the basis of their contractual interest in these employees . In view of our decision herein, we find it unnecessary to pass upon the Employer 's and Intervenors ' motion to dismiss the petition on the ground that the existing contract is a bar to a present determination of representatives 98 NLRB No, 158. 1018 DECISIONS OF NATIONAL LABOR RELATIONS BOARD by the Smelter Workers 3 Following a Board-conducted election the Engineers was certified as the bargaining representative of a unit of employees, including junction-powerhouse employees now sought by the Petitioner as a separate unit. Other AFL unions, including the Petitioner, were certified at the same time to represent separate ap- propriate units of the Employer's employees. Since then these unions have bargained with the Employer for their respective units through the Council and have individually executed joint contracts covering the various craft units. Under these circumstances, we find, for the reasons set forth in Phelps Dodge Corporation, New Cornelia Branch ,4 that a unit of powerhouse employees, as requested by the Petitioner, separate and apart from the other employees in the established craft unit is not appropriate for purposes of collective bargaining. Accordingly, the Employer's and Intervenors' motion to dismiss the petition on this ground is granted. Order IT Is HEREBY ORDERED that the petition herein be, and it hereby is, dismissed. 8 41 NLRB 140. 4 98 NLRB 726. GUNNISON HOMES, INC. and LODGE No. 681, DISTRICT No. 27, INTER- NATIONAL ASSOCIATION OF MACHINISTS, AFL, PETITIONER GUNNISON HOMES, INC. and LODGE No. 681, DISTRICT No. 27, INTER- NATIONAL ASSOCIATION OF MACHINISTS, AFL, PETITIONER GUNNISON HOMES, INC. and LODGE No. 681., DISTRICT No. 27, INTER- NATIONAL ASSOCIATION OF MACHINISTS, AFL, PETITIONER GUNNISON HOMES, INC. and UNITED FURNITURE WORKERS OF AMERICA, CONGRESS OF INDUSTRIAL ORGANIZATIONS, PETITIONER GUNNISON HOMES, INC. and INTERNATIONAL BROTHERHOOD OF TEAM- STERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, LOCAL UNION #89, A. F. OF L., PETITIONER. Cases Nos. 35-RC- 577, 35-RC-578, 35-RC-579,35-RC-594, and 35-RC-623. April 3, 1952 Decision, Order, and Direction of Election Upon separate petitions duly filed under Section 9 (c) of the Na- tional Labor Relations Act, a consolidated hearing was held before 98 NLRB No. 157.