Consolidated Coppermines Corp.

National Labor Relations Board - Board Decisions

Oct 10, 1955

114 N.L.R.B. 324 (N.L.R.B. 1955)

324 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
do not 'constitute a single" employer within the meaning of-the-Act.
Accordingly, as all'of McCullough's services during the past year were
performed locally for Lucky Star, which in turn, sold its entire out-
put to Ruberoid within the State of Colorado, we- find that'cCul-
lough's operations are twice removed from interstate commerce and
do not meet the Board's present "jurisdictional standards for assert-
ing jurisdction.3 We shall, therefore, dismiss the petition insofar
as it pertains to McCullough. 1 ," _ ,
'2. The labor organizations involved claim to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of Lucky Star Roofing Products Corp. within the
meaning of Section 9 (c) (1) and Section 2 (6). and (7), of the Act.
4- We find the following employees of Lucky Star Roofing Prod-
ucts Corp. at its plant located at 156 W. 56 Avenue, Denver, Colorado,
constitute a unit appropriate for the purposes, of collective bargaining
within the meaning of Section 9 (b) of the Act:
All -production and maintenance employees, including warehouse
employees, but excluding office clerical employees, guards, and super-
visors as defined in the Act.
[Text of Direction of Election omitted from publication.]
The Board dismissed the petition as to John C. McCullough.]
3 Brooks Wood Products , 107 NLRB 237, at 238 ; McDonald, ' McLaaghtin & Deane„
110 NLRB 1340, at 1341; W. A. Swanson Logging Co, et at., 111 NLRB 495.
Consolidated Coppermines Corporation and International Union
of Mine, Mill and Smelter Workers, Independent, Petitioner
and Teamsters Local 533, International Brotherhood of Team-
sters, Chauffeurs, Warehousemen & Helpers of America, AFL,
and International Union of Operating Engineers, Local 3, AFL,
and Hod Carriers, Construction and General Laborers ' Union,
Local 169, AFL, Joint Petitioners. Cases Nos. 20-RC-2846 and
20-RC-2864. October lO,1955
DECISION AND DIRECTION OF ELECTION
Upon separate petitions duly filed under Section 9 (c) of the- Na-
tional Labor Relations Act, a hearing was held in these consolidated
cases 1 before Shirley N. Bingham, hearing officer. The hearing
The Petitioner objected at the hearing to the consolidation of these cases, on the
ground that it was improper for the three labor organizations designated as the Joint
Petitioners to seek to represent the employees involved herein as a single representative.
The Board has consistently held that two or ,mord labor organizations may appropriately
bargain as a joint representative . Sachs-Lawlor Company, 112 NLRB 507,,at , footnote 2.
Accordingly , we find no merit in this objection.
114 NLRB No. 66.
CONSOLIDATED COPPERMINES' CORPORATION ,325
,officer's rulings made at the hearing are free from prejudicial- error
and are hereby affirmed.
Upon the entire record in these cases, the Board finds:
1. The Employer is engaged in commerce within the,, meaning of
the Act. -
2. The labor organizations . involved claim to represent certain
employees of the Employer.-
3. A 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. '
4. The parties agree generally as to the appropriateness of a pro-
duction and maintenance unit at the Employer's Kimberly, Nevada,
mine, excluding office clerical and technical employees, guards, pro-
fessional employees, and supervisors.2 They disagree, however, as to
the unit placement of samplers, assay office helpers, the warehouseman,
and the clerk in the mechanical department. . The Employer would
exclude all the foregoing employees; the Petitioner would include the
'first 3 classifications, but apparently would exclude the clerk in the
-mechanical department; and the Joint Petitioners would exclude the
'first 2-classifications, but would include the others. Since 1950 there
,has been no history of collective bargaining involving these employees.'
The samplers are employed in the 'engineering department, under
the supervision of the chief engineer; the assay office helpers are em-
'ployed in the assay office, under the supervision of the chief chemist.
A high school education is a prerequisite for employment as either a
sampler or an assay office helper. During the earlier bargaining
period the engineering and assaying employees were excluded from
the bargaining unit 4 and, except for the samplers and assay office help-
ers, the parties have agreed to exclude all employees in the engineering
department and in the assay office.
Under the immediate direction of the senior samplers, the samplers
collect samples of rock from areas where mining operations are being
conducted or are contemplated; prepare the samples for chemical
analysis; and when necessary because of the unavailability of assay
office employees-about 3 or 4 times a day-perform chemical analyses
to determine the ore content of the samples. They must also be able to
differentiate, by visual observation, between potentially ore-bearing
and other kinds of rock. They can perform the required chemical
2 The stipulated inclusions and exclusions are set forth , respectively , on Appendices A
and B , attached hereto
3
For a number of years prior to 1950 , the Employer engaged in mining operations in
the Kimberly, Nevada, area, duimg the latter poition of that period , the Employer's
employees were represented for purposes of collective bargaining . Fiom 1950 ' until July
1955 , when the Employer resumed mining operations on its own account, the Employer's
mining operations were conducted by independent contractors Since 1950 , the Employer
has not been a party to a collective -bargaining agreement affecting employees at this
l'o5ea hon
' See Consolidated Coppermines Corporation , 48 NLRB 1274 , at 1277.
326 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
'analyses with about 4 months' on-the-job training, and can learn visual
differentiation with from 2 to 3 weeks' training. On the basis, of
chemical analyses, and price and cost information furnished by'the
chief engineer, the samplers determine whether the material being
worked is ore or waste and, accordingly, whether or not operations
should be moved to a different location.
The assay office helpers prepare samples for chemical analysis; as-
sist the assayers in performing chemical analyses; and, when so di-
rected by the chief chemist, perform the same kind of chemical analyses
as is performed by the samplers, supra. The results of the assay office
helpers' analyses are recorded for the information of the chief chemist.
The line of progression for an assay office helper is to-the position,of
assayer, a position requiring more extensive technical knowledge. As
noted above, assayers are excluded from the unit by agreement of the
parties.
The Employer and the Joint Petitioners contend, and the Pe-
titioner denies, that the samplers and assay office helpers are technical
employees. It is clear, on the basis of the foregoing facts, that the
samplers and assay office helpers, although apparently not_ so skilled
as others in their departments, are nevertheless part of separately
supervised groups of employees engaged in technical functions which
differ materially from the duties of the Employer's production and
maintenance employees. As their duties and interests therefore ally
them more closely with technical employees who are excluded from
the unit than with employees who are included, we shall exclude the
samplers and assay office helpers from the Unit .5
Under the supervision of the parts manager, the warehouseman,
working in the warehouse, performs all clerical work related to the
purchasing, storing, and dispensing of supplies for the Employer-
owned Kimberly, Nevada, townsite, including physically checking in-
coming supplies against invoices and freight bills. He also directs the
warehouse laborers in dispensing supplies, upon requisition; may him-
self occasionally dispense supplies; and may recommend to the parts
manager the employment or discharge of warehouse laborers. How-
ever, the record fails to establish that his direction of the warehouse
laborers is other than routine and it appears that his employment and
discharge recommendations are subject to independent investigation.
In addition, he orders supplies requisitioned by other departments;
however, except for supplies ordinarily carried in stock, all purchase
orders must first be approved by the superintendent of operations or
the, parts manager. On the basis of the foregoing, we find that the
warehouseman is not a supervisor.6 We find, rather, in agreement
5 See International Smelting and Refining Company, Raritan Copper Works, 106 NLRB
223, at 226.
6 Potomac Electric Power Company, 111 NLRB 553.
CONSOLIDATED- COPPERMINES CORPORATION - - 327
with the contention of the labor organizations, that he is a plant clerical
employee, such as the Board customarily includes in a production and
maintenance unit.' Accordingly, we shall include the warehouseman
in the unit.
The clerk in the mechanical department, under the supervision of
the master mechanic, maintains all mechanical department records, in-
cluding equipment inventory records, repair and preventive main-
tenance time and expense records, and employees' timecards. The in-
formation for such records is obtained primarily, from daily reports
submitted by the mechanical department employees,, and from records
reflecting requisitions of parts. In addition, he performs other cleri-
cal duties as directed by the master mechanic. Although this clerk
presently works in an office located,,in the warehouse, he will even-
tually be transferred to an office in the-mechanical, department shop.
On the basis of these facts we find, in agreement with the Joint Pe-
titioners, that the clerk in the mechanical department is'a plant clerical
employee." We shall therefore include him in 'the unit.
Accordingly, on the basis of the foregoing and the entire' record,
we find that all production, and maintenance employees at the Em-
ployer's Kimberly, Nevada, mine, including the warehouseman, the
clerk in the mechanical department, and the employees listed on Ap-
pendix A, but excluding samplers, assay office helpers, the employees
listed on Appendix B, office clerical and technical employees, profes-
sional employees, guards, and supervisors as defined in the Act, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
[Text of Direction of Election omitted from publication.]
9 FtltroI Corpotatwn , 109 NLRB 1071, at 1074
8 Mc Quay, Incorporated , 107 NLRB 787.
APPENDIX A
STIPULATED INCLUSIONS IN UNIT
Office :
Janitor
Warehouse :
Warehouse Laborers
Churn Drill Department :
Drillers
Drill Helpers
Mechanical Department :
Mechanics
Welders
Plumbers
Pipefitters
Mechanical Dept.-Continued
Tire Repairmen
Greasemen
Laborer
Electrical Department :
Electricians
Surface Department :
Carpenter Leadman
Carpenters
Surface Cat Operators
Truckdrivers
Laborers
328 DECISIONS OF NATIONAI:-:LABOR` RELATIONS_BOARD ,_Q
Temporary T "rack Gang:-'
Track Gang Boss-
-Laborers
Mining Department :
Powder Leadman
Jackhammerman
Powderman
Powder Truckdriver
Compressor Truckdriver
Powder Laborers
Mining Dept.=Continued
Water Truckdrivers
'Blast Hole Drillers
Blast Hole Driller's Helper
Shovel Operators
Oilers
Crane Engineer
Pit Cat Operators
Euclid Drivers
1 The parties agreed to include these employees in the unit if they are still employed at
the time of the election
APPENDIX B
STiruLATED EBCLUSIONs FROM UNIT
Superintendent of Operations
Engineering Department :
Chief Engineer
Engineers
Senior Samplers
Draftsman
Geology Department
Chief Geologist
Geologists
Metallurgical Department :
Metallurgist
Assay Office (Lab.) :
Chief Chemist
Ass't. Chief Chemist
Chemist
Assayers
Office :
Chief Clerk
Accountant
Chief Timekeeper
1
Office-Continued
Manager's Secretary
Typists
Warehouse:
Parts Manager
Churn Drill Department :
Drill Foreman
Mechanical Department :
Master Mechanic
Repair Foreman
Garage Boss
Electrical Department :
Chief Electrician
Surface Department :
Surface Foreman
Mining Department :
Pit Superintendent
Pit Foreman
Shift Foremen
Mine Clerk
Massey-Harris-Ferguson , Inc. and General Drivers, Chauffeurs
& Helpers, International Brotherhood of Teamsters , Chauf-
feurs, Warehousemen & Helpers of America, Local ' 886, AFL.
Case No. 16-CA-782. October 11, 1955
DECISION AND ORDER
On May 31, 1955, Trial Examiner John C. Fischer issued his,Inter-
mediate Report in the above-entitled proceeding, a copy of which is
114 NLRB No. 70.