Kennecott Copper Corp.

National Labor Relations Board - Board Decisions

Aug 31, 1948

79 N.L.R.B. 349 (N.L.R.B. 1948)

In the Matter of KENNECOTT COPPER CORPORATION, EMPLOYER CZ U1
INTERNATIONAL ASSOCIATION OF MACHINISTS, PETITIONER
Case Nos. 33-RC-30, 33-RC--3i, and 33-RC 38.-Decided August 31,
• 1948
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
On April 20, 1948, International Association of- Machinists, the
Petitioner herein, filed the instant petitions alleging that a question
of representation existed concerning the employees of Kennecott Cop-
per Corporation, the Employer herein. On June 1, 1948, the Peti-
tioner, the Employer, and the Regional Director entered into a "Stip-
ulation for Certification Upon Consent Election." On June 15, 1948,
an election by secret ballot was conducted among the employees in the
stipulated unit, in accordance with the Stipulation and the Rules and
Regulations of the Board. Upon the conclusion of the election, a Tally
of Ballots was furnished the parties.
The Tally shows that there were 44 eligible voters, all of whom cast
ballots, of which 32 were for the Petitioner and 12 were against the
Petitioner.
On June 15, 1948, A. S. Madrid, an employee of the Employer, filed
with the Regional Director objections to the conduct of the election
and to conduct affecting the results of the election. Thereafter the
Regional Director conducted an investigation, and on July 13, 1948,
issued and duly served upon the parties his Report on Objections to
Election in which he recommended that the objections be overruled.
No exceptions to the Report on Objections were filed within the time
provided therefor. In view of the foregoing, and in any event because
we do not consider objections filed by an individual employee who is not
a party to the proceeding, we shall adopt the recommendations of the
Regional Director.l
i Matter of Westinghouse Electric Cot p . 78 N L R B 315
79 N L R. B., No. 46
349
350 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case , the Board 2 makes the following
findings of fact :
1. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9 (c)
and Section 2 (6) and ( 7) of the Act, as amended.
2. :All machinists , helpers, and apprentices employed at_ the Santa
Rita and Hurley , New Mexico, operations , and all machinists, helpers,
mechanics , burners, and apprentices employed at the Hurley Smelter,
excluding supervisors, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
Act.
Inasmuch as the Petitioner has won the election , we shall certify
it as the collective bargaining representative of the employees in the
appropriate unit.
CERTIFICATION OF REPRESENTATIVES
IT IS HEREBY CERTIFIED that International Association of Machinists
has been designated and selected by a majority of the employees of
the above-named Employer, in the unit hereinabove found by the
Board to be appropriate, as their representative for the purposes of
collective bargaining, and that, pursuant to Section 9 (a) of the Act,
as amended, the said organization is the exclusive representative of
all the employees of such unit for the purposes of collective bargain-
ing with respect to rates of pay, wages, hours of employment, and
other conditions of employment.'
2 Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its
powers in connection with this case to a three-man panel consisting of the undersigned
Board Members [Houston , Murdock, and Gray.